E PL M SA Management of Residential Issues PRESENTED BY: E PL M SA LIMITS OF LIABILITY AND DISCLAIMER OF WARRANTY © 2014 by the National Apartment Association, 4300 Wilson Boulevard Suite 400 Arlington, VA 22203. All rights reserved. The course materials or any part thereof may not be reproduced, stored in a retrieval system, or transmitted, in any form or by any means—graphic, electronic, or mechanical, including photocopying, recording, or otherwise, without the prior written permission of the National Apartment Association Education Institute (NAAEI). E NAA retains copyright to the original materials and to any translation to other languages and any audio or video reproduction, or other electronic means, including reproductions authorized to accommodate individual requests based on religious or medical deferments from classroom participation. SA M PL DISCLAIMERS Although NAAEI programs provide general information on apartment management practices, NAAEI does not guarantee the information offered in its programs is applicable in all jurisdictions or that programs contain a complete statement of all information essential to proper apartment management in a given area. NAAEI, therefore, encourages attendees to seek competent professional advice with respect to specific problems that may arise. NAAEI, their instructors, agents, and employees assume no responsibility or liability for the consequences of an attendee’s reliance on and application of program contents or materials in specific situations. Though some of the information used in scenarios and examples may resemble true circumstances, the details are fictitious. Any similarity to real properties is purely coincidental. Forms, documents, and other exhibits in the course books are samples only; NAAEI does not necessarily endorse their use. Because of varying state and local laws and company policies, competent advice should be sought in the use of any form, document, or exhibit. POLICY STATEMENT REGARDING THE USE OF RECORDING DEVICES, AUDIO VISUAL EQUIPMENT, AND OTHER MEANS OF REPRODUCTION OR RECORDING OF THE “CERTIFIED APARTMENT MANAGER” MATERIALS All program contents and materials are the property of the National Apartment Association Education Institute, which strictly prohibits reproduction of program contents or materials in any form without the prior written consent. Except as expressly authorized in writing in advance, no video or audio recording of NAAEI programs or photocopying of “Certified Apartment Manager” materials is permitted. Authorized recording of programs or duplication of materials may be done only by the instructor on site. © 2014 National Apartment Association ACKNOWLEDGMENTS SUBJECT MATTER EXPERTS PL E The NAA Education Institute wishes to thank the following apartment industry professionals for contributing their time and expertise to the rewrite of the Certified Apartment Manager Research, Analysis and Evaluation program: Lead Subject Matter Expert SA M Susan E. Weston, CAM CAPS, NAAEI Faculty Licensed Texas Broker Professor, University of North Texas School of Business The Susan Weston Company 2655 Mount View Drive Dallas, TX 75234-6239 972.308.6092 Office 972.415.6299 Cell [email protected] www.susanweston.com KEY CONTRIBUTORS • • • • • David Jolley, CAMT Howard L. Campbell, Ph.D. Fisher & Phillips, LLP Kimball, Tirey, and St. John, LLP Sue Weston, CAM, CAPS © 2014 National Apartment Association Certified Apartment ManagerSM Participant Guide Management of Residential Issues Management of Residential Issues 0B Table of Contents 5B Chapter 1: Customer Service 1-1 Chapter Overview ............................................................................................................... 1-1 The Importance of Good Customer Service ....................................................................... 1-2 Communication ................................................................................................................... 1-3 Attitude ................................................................................................................................ 1-6 Building Relationships with Residents ................................................................................ 1-7 Management in the Multicultural Marketplace .................................................................... 1-9 Customer Service Opportunities ....................................................................................... 1-12 Chapter 2: Occupancy Management: From Applicant to Resident 2-1 Chapter Overview ............................................................................................................... 2-1 Rental Application ............................................................................................................... 2-2 Laws That Govern Applicant Screening.............................................................................. 2-4 Applicant Screening ............................................................................................................ 2-6 Processing Applications for Applicants without a Social Security Number ....................... 2-17 Identity Theft ..................................................................................................................... 2-20 Information About Co-Signers........................................................................................... 2-21 Deposits ............................................................................................................................ 2-22 Lease Paperwork .............................................................................................................. 2-24 Occupant Changes ........................................................................................................... 2-28 Community Policies .......................................................................................................... 2-30 Major Lease Addenda ....................................................................................................... 2-35 Move-In Procedures.......................................................................................................... 2-36 Resident Orientation ......................................................................................................... 2-38 Maintenance Follow-up Orientation .................................................................................. 2-39 Maintenance and Service Requests ................................................................................. 2-41 Key Policy ......................................................................................................................... 2-45 Resident Newsletter .......................................................................................................... 2-47 Resident Activities............................................................................................................. 2-48 Criminal Activity ................................................................................................................ 2-50 Responding to Crime ........................................................................................................ 2-53 Community Files and Record Keeping ............................................................................. 2-55 Rent Collection.................................................................................................................. 2-57 Rent Increases .................................................................................................................. 2-62 Move-Out Notice ............................................................................................................... 2-64 Move-Out Inspection ......................................................................................................... 2-66 Security Deposit Disposition ............................................................................................. 2-70 Lease Renewal ................................................................................................................. 2-75 2H 3H 4H 5H 6H 7H 8H 9H 10H E 1H 12H 13H 14H PL 15H 16H 17H 18H 19H 20H 21H 2H SA M 23H 24H 25H 26H 27H 28H 29H 30H 31H 32H 3H 34H 35H 36H 37H 38H Continued on next page © 2014 National Apartment Association i Certified Apartment ManagerSM Participant Guide Management of Residential Issues Table of Contents, Continued 6B Lease Termination ............................................................................................................ 2-78 Evictions............................................................................................................................ 2-79 39H 40H Chapter 3: Property Management Systems 3-1 Chapter Overview ............................................................................................................... 3-1 Advantages ......................................................................................................................... 3-2 Types of Property Management Systems ........................................................................... 3-3 Types of Technology for Residents .................................................................................. 3-11 Property Management Software Support.......................................................................... 3-12 Toolbox Activities Activities Skill Checks Skill Checks Slides Slides 41H 42H 43H 4H 45H SA M PL E 46H © 2014 National Apartment Association ii Certified Apartment ManagerSM Participant Guide Management of Residential Issues Chapter 1: Customer Service 1B Chapter Overview 7B In this chapter 64B The table below lists the topics in this chapter. See Page 1-2 1-3 1-6 1-7 1-9 1-12 SA M PL E Topic The Importance of Good Customer Service Communication Attitude Building Relationships with Residents Management in the Multicultural Marketplace Customer Service Opportunities © 2014 National Apartment Association 1-1 Certified Apartment ManagerSM Participant Guide Management of Residential Issues The Importance of Good Customer Service 8B Every effective manager understands the importance of high-quality customer service. Satisfied residents will more likely pay rent on time and take better care of their apartment homes and the property in general. Satisfied residents provide resident referrals and are more likely to renew their lease. Your responsibility One of the primary responsibilities of an onsite manager is to impart this same understanding to the community’s staff. You can do this through modeling with your own behavior and through the training your staff receives. Three (3) keys to good customer service For the multifamily housing professional, there are three (3) keys to good customer service: • communication • attitude, and • relationships. SA M 67B PL 6B E Introduction 65B © 2014 National Apartment Association 1-2 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Communication 9B Importance of good communication Effective communication is the key to your success. As the leader of your community, your good communication skills will set the example for your staff. First step: Listening The first step in good communication is listening. Effective listening techniques There are several techniques that will help you listen more effectively. Be ready to listen Before the first word is spoken you must make yourself ready to listen. To do this you must: 70B 71B • Be ready to listen. • Pay attention to verbal and non-verbal language. • Use active listening skills. E 69B PL 68B Pay attention to verbal and non-verbal language People send messages with the words that they speak, or verbal language, and the actions of their bodies, known as non-verbal language. Research has shown that words alone represent a small portion of the message actually being sent. It is important to listen with your eyes, ears and even your instincts to obtain the complete message. SA 72B M • decide that you want to hear what the speaker has to say • put aside your ego, expectations and prejudices • greet the conversation as an opportunity to gain valuable information, and • be willing to accept the information with an open mind. Watch a person’s body language. Does it appear open or closed, friendly or aggressive? Watch how a person moves while talking. Consider if these movements match the spoken words. If not, ask open-ended questions such as “Can you tell me more about your concerns?” to ensure that the person’s hidden messages are addressed. Make sure your own body language is receptive, open and attentive. Maintain eye contact and avoid crossing your arms. Continued on next page © 2014 National Apartment Association 1-3 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Communication, Continued Use active listening skills 73B Active listening requires the listener to participate. This means focusing on the speaker and letting him or her know that you are paying attention and understand what they are saying. Active listening skills include: making eye contact ignoring everything else continually processing the message encouraging the speaker, and making sure you understand. E • • • • • When dealing with a resident, you must make that person feel important. Looking anywhere but at your resident tells them that something else is important. Looking someone in the eye helps you focus on them and shows them they have your full attention. Ignore everything else Listening is a full-time activity. If you think about something else while the resident is talking, you will miss information and messages being sent to you. This includes thinking about what you want to say in response! 75B PL Make eye contact 74B Put aside everything else including: M • ringing phones • people walking by, and • papers on your desk. SA If the atmosphere is very distracting, consider relocating the conversation to a quiet space. Continually process the messages 76B While the resident is talking, sort through the message looking for key words. Take notes while he or she is talking so that you can check back with him or her that you understand. © 2014 National Apartment Association Continued on next page 1-4 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Communication, Continued Encourage the speaker Encourage the speaker to talk more about his or her message. Respond to what he or she is saying by nodding, making verbal responses or even making appropriate sounds. This shows the resident that you are paying attention, allows you to get all the information you need and helps to keep you focused. Make sure you understand Once the resident has finished speaking, restate the major concerns in your own words. This is a technique called paraphrasing. Start your response with something such as, “I want to make certain that I understand your concerns correctly, may I review them with you?” This helps to avoid miscommunication and shows that you care about them. After you’ve identified the major concerns ask, “Is there anything else?” Use this opportunity to address any and all concerns a resident has. 7B E 78B SA M PL This technique is particularly important if the speaker is angry or hostile. One of the most fundamental needs of human beings is to be understood. A clear effort to understand the message goes a long way to diffuse a confrontational situation. © 2014 National Apartment Association 1-5 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Attitude 10B Attitude is the emotional base of good communication and good customer service. If you and your staff have a good attitude, it will improve your communication and your dealings with others. Where attitude comes from People’s perceptions and judgments of a situation combine to form their attitudes. If a situation is perceived as pleasant, it has a positive effect on the person’s attitude. If a situation is seen as unpleasant, it has a negative effect on attitude. Further, if a person has previously heard positive or negative information about another person, this can have a direct effect on his or her attitude toward that person. Effect of staff attitude on residents When staff demonstrates positive attitudes toward their work and the community, that attitude is displayed through good customer service. When residents receive good customer service, they 81B PL 80B E Importance of attitude 79B • respect the staff and the property, and • take an interest in the community. Evaluate your attitude 82B M Resident retention starts at move-in with good customer service. When residents consistently receive good customer service, they are confident about their decision to renew their residency. Evaluate your attitude toward residents by answering the following questions: SA • Do you make eye contact when speaking with a resident? • Do you greet residents with a smile both in person and on the phone? • Do you admit when you have made a mistake and apologize for it? OR • Do you enjoy saying “No”? • Do your sentences begin with a sigh? Your responsibility 83B As the onsite manager, it is your responsibility to ensure your staff has the right kind of attitude and provides residents with high-quality customer service. © 2014 National Apartment Association 1-6 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Building Relationships with Residents 1B Build and maintain ongoing relationships 84B You don’t want residents to think that the office staff was great before move in, but that service and attention stopped afterwards. Ongoing relationships with the residents need the same attention and level of effort as they do during the initial leasing process. Residents must know management cares and be treated accordingly if property owners are to realize their ownership objective of maximizing the value of the property. The bottom line of building relationships with residents is higher occupancy rates! When residents feel connected to the community, they are less likely to choose to move. By encouraging your staff to build relationships with the residents, and the residents to develop relationships among themselves, you are ensuring that your community is full as possible. The cost of turnover When a resident decides to move out of the community, the costs are high. In fact, reducing turnover may have a greater financial impact than new rentals. Turnover costs are $2,000 to $3,000 per move out when factoring in the following in the leasing and turnover process: vacancy loss possible concessions refurbishing costs (painting, cleaning, shampooing carpets) leasing commissions potential referral fees, and staff time. SA M • • • • • • PL 86B E Outcome of building relationships 85B What residents want 87B Today, customers are more sophisticated and educated than ever before. Your residents want to do business with site personnel who are knowledgeable, professional, enthusiastic and genuinely care. You must realize the importance of getting to know your residents and establishing a rapport that allows the resident to feel comfortable enough to want to share information. © 2014 National Apartment Association Continued on next page 1-7 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Building Relationships with Residents, Continued Create rapport 8B Creating rapport is the key to relationship building. The five (5) most effective ways to create instant and lasting rapport are: 1. Express a genuine interest in the other person. Find out what is important to him or her. Ask questions in order to find things in common. Use his or her first name. When you show interest, not only will the person be more likely to open up, but he or she is more likely to listen to and trust you. a sincere smile a warm handshake good manners strong eye contact, and the tone of your voice. PL • • • • • E 2. Be genuinely friendly. A smile and pleasant disposition can diffuse any level of tension. It doesn’t mean that you have to be bubbly. The following go a long way to show friendliness: SA M 3. Create physical rapport. This is sometimes called matching, mirroring or parroting. Try to match body language, vocabulary and tone of voice of the resident. As different as we are, we tend to have the same body language for what we are feeling. This shows respect for the other person and adds validity to what he or she is saying. However, if a resident is angry, we don’t want to mirror their actions, we must create a more soothing approach via our own body language and voice. 4. Be an active listener. When you are actively listening, you encourage the speaker and paraphrase to show and ensure understanding. 5. Seek agreement. Search for a way to reach similarities. Look for beliefs and opinions that you can share. If there are none, agree to disagree. This can sometimes build enough respect to open up the relationship. Agreement may require an adjustment on your part, but even the slightest detail of agreement is a base for establishing a relationship. © 2014 National Apartment Association 1-8 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Management in the Multicultural Marketplace 12B Awareness of other cultures Today more than ever before, community employees must be sensitive to the increasing number of prospects and residents from different countries and cultures. Even if language is not a barrier, you need to understand that one culture may accept that a woman may shake a man’s hand, and another may not. Numbers are increasing The Joint Center for Housing Studies at Harvard University reports that 45% of today’s renters are minority and 20% were born outside the United States. As immigration grows in the United States, community management must ensure all prospects and residents are treated with respect for their cultural backgrounds - yet maintain such treatment in a fair, consistent, and nondiscriminatory manner. Techniques for dealing with people from different cultures Understanding some basic principles can help you when dealing with prospects and residents from various cultures. 89B 91B PL E 90B Ten (10) techniques for helping to minimize misunderstandings are offered by Dr. Sondra Thiederman in an article written several years ago.. She holds a doctorate from UCLA and is a speaker and author on diversity, bias reduction and cross-cultural issues. SA M 1. It is all right to notice the cultural differences between people. In fact, it’s a good thing to note an individual’s cultural uniqueness. If we don’t we are being disrespectful and diminishing the person’s value. When you notice that your Asian residents look away from you when making a request or voicing a complaint, it is important to know that the avoidance of eye contact is an expression of respect in the Asian culture. It does not mean the person isn’t sincere or is hiding something. 2. Resist the temptation to stereotype. This is a common problem for all of us as we group so many things, much less people. The truth is that there are often more differences within an ethnic or immigrant group than there are between groups themselves. It is important to take the time to get to know the individual. © 2014 National Apartment Association Continued on next page 1-9 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Management in the Multicultural Marketplace, Continued Techniques for dealing with people from different cultures, (continued) 3. Do not lump groups together. A Laotian is not a Cambodian and a Cambodian is not a Vietnamese, anymore than a Frenchman is an Englishman or a German is a Swede. Not only can lumping together lead to misunderstandings, it is disrespectful to that individual’s heritage and national origin. E 4. A heavy foreign accent does not automatically indicate the speaker is uneducated or that he or she cannot understand what you are saying. In truth, an accent just tells you where someone is from. The roots of many languages are considerably different than those of English and an accent is difficult to lose. Do not assume someone is new to the country because of the accent. Be patient and make no assumptions about education, socioeconomic status and birthplace. PL 5. Non-native speakers of English may sound rude and demanding when they do not intend to. If you have ever taken a foreign language in high school or college, you might recall how it feels to speak slowly and try to say the correct word. English is filled with phrases such as “Would you mind?”, “When you have a chance,” and “I hate to bother you but…” all of which are ways we soften or explain ourselves a bit better. Many immigrants are unaware of these nuances and may speak quite directly. SA M 6. Communicate better by choosing your vocabulary carefully. Use simple terms and avoid jargon, acronyms and slang. If you have said something one way and it is not understood, do not continue to repeat the same thing and make sure you are not raising your voice. Often, we tend to raise our voices in an effort to be understood. Try to find a different and clearer way to express yourself. Avoid using vague modifiers like “barely”, “scarcely” and “almost”. These are very difficult terms to define. 7. Avoid using negative phrasing. Try to avoid telling someone “not” to do something or say you will “not” be able to do something. It is too easy for the “not” to get lost as the person is working on translating what you are saying. There is a big difference between “You will be able to paint the bedroom that color” and “You will not be able to paint the bedroom that color.” An alternative approach is to say what can be done. Continued on next page © 2014 National Apartment Association 1-10 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Management in the Multicultural Marketplace, Continued Techniques for dealing with people from different cultures, (continued) 8. Watch for signs that you have not been understood. In the Asian culture, it is particularly important not to “lose face”. An individual may be embarrassed to admit that he or she has not understood what you have just said. He or she may also not want to cause YOU loss of face by implying you have not been clear. After asking “Do you understand?” watch for the following: perpetual smiling and nodding at inappropriate places; embarrassed laughter; lack of questions; lack of interruptions; or statements like “I think I understand.” PL E 9. Participate in the communication process. A person is much less likely to remember English words and pronunciations when he or she is upset, frightened or self-conscious. Help the prospect to relax by slowing yourself down, lowering your voice and accepting some of the responsibility for the fact that the person does not understand. This takes a lot off the back of the listener! SA M 10. Take time to build relationships slowly. In the U.S., we have a tendency to build relationships quickly and just as quickly leave them. This works for us but may not work for an immigrant who is used to order, formality and hierarchy in relationships. We get familiar quickly but others may not. It doesn’t mean that immigrants are cold and uncaring; it just takes them longer to adjust sometimes. Follow their lead. Use last names and respectful titles, address the elderly with respect, avoid physical contact, accept offerings of shared food and get to know all of the family members as you build acceptance. © 2014 National Apartment Association 1-11 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Customer Service Opportunities 13B Customer service is a process 92B Outstanding customer service is a process that begins the day the future resident comes in to the office looking for information to find an apartment and continues throughout the residency. Communication with the residents is the leading requirement for a superior service plan. Once a prospect leases, we want to build a service rapport through communication, orientation and identification of resident/management responsibilities. The following table shows the opportunities for communication that you may have with a resident from the time they are a prospect until the end of their residency, and the suggested timeframes within which to make this contact. PL E Communication opportunities and timeframes 93B Type of communication/contact Personal phone call and written follow up Applicant approval/denial notification M Interim communication with resident to be sure they are moving into the apartment Lease paperwork completion and explanation SA Move-in orientation and Personal Apartment Inspection (contact at least 48 hours prior to movein to confirm the appointment) Follow up call or visit to the resident in their new apartment Follow up call after service request completion to determine satisfaction Informal resident survey by mail to assess their living experience to date Lease renewal invitation by mail and notification of lease expiration Follow up calls and contact Communication with resident via newsletter and information notices © 2014 National Apartment Association Timeframe within 24 hours of initial visit Within 24- 72 hours of application for residency prior to move-in day prior to move-in day on move-in day 5-10 days after move-in day 48 hours 3-4 months prior to lease expiration 60-90 days prior to lease expiration throughout lease renewal process ongoing 1-12 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Chapter 2: Occupancy Management: From Applicant to Resident 2B Chapter Overview 14B In this chapter 94B The table below lists the topics in this chapter. Topic SA M PL E Rental Application Laws That Govern Applicant Screening Applicant Screening Processing Applications for Applicants without a Social Security Number Identity Theft Information About Co-Signers Deposits Lease Paperwork Occupant Changes Community Policies Major Lease Addenda Move-In Procedures Resident Orientation Maintenance Follow-up Orientation Maintenance and Service Requests Key Policy Resident Newsletter Resident Activities Criminal Activity Responding to Crime Community Files and Record Keeping Rent Collection Rent Increases Move-Out Notice Move-Out Inspection Security Deposit Disposition Lease Renewal Lease Termination Evictions See Page 2-2 2-4 2-6 2-16 © 2014 National Apartment Association 2-18 2-19 2-20 2-22 2-26 2-28 2-33 2-34 2-36 2-37 2-39 2-43 2-45 2-46 2-48 2-51 2-53 2-55 2-60 2-62 2-63 2-67 2-72 2-75 2-76 2-1 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rental Application 15B Who completes the application 95B The application is completed by the prospective resident(s). This may be done onsite in the office, online, via e-mail, mail, or fax. Applicants should be instructed to take time to complete the application accurately and to be sure that all sections are filled out. It is important that they understand why all this information is being gathered- because it is being used to qualify the applicant for this apartment community. This information will help to ensure that the applicant can move in on time. PL Importance of completing the application 96B E It is best for applicants to complete the rental application and for you to review it afterwards. This means that any mistakes made on the application were made by the applicant and you will not be held accountable for any misinformation provided by the applicant. The applicant has the ultimate responsibility for the accuracy of the information. The leasing professional should never fill in information that is missed on the application or sign for the applicant. You must acknowledge the additional anxiety of applicants who have not yet mastered English. Communicate clearly and explain slowly what information is needed. Most companies require that each person over the age of 18 must complete a separate rental application and pay the appropriate fees prior to approval of move-in. People who have joint credit may complete one (1) rental application and pay one (1) application fee, depending on company policy. Some states may require a separate application from all adults because favoring married couples over single people may be a fair housing issue. Check with local counsel in developing policy and practice. SA M Number of applications required 97B Fees and security deposits 98B All appropriate fees and security deposits should be collected at the time that the applicant completes the application. Many companies require two (2) checks (or money orders) from the applicant; one for the Application Fee and one for the Administrative Fee and/or Security Deposit. Note: Florida communities must collect a separate check for the Security Deposit per Florida Landlord/Tenant laws. States vary greatly with respect to how a security deposit should be handled. Check with your local counsel. © 2014 National Apartment Association 2-2 Certified Apartment ManagerSM Reference Guide When to deposit checks 9B Management of Residential Issues The Application Fee check should be deposited in the bank as soon as possible since it is often non- refundable. The Administrative Fee and Security Deposit check should be deposited in the bank after three (3) business days. Do not hold checks in the office for any longer period of time. The applicant’s driver’s license must be checked to verify the identity of the applicant. The driver’s license number is often documented on the back of the application. Photo identification such as state IDs, passports, visas, or other government-issued photo IDs should be accepted as substitutes when the applicant has no driver’s license. Screening process Once the application is complete, it must go through a screening process to determine whether the applicant would make a good resident. Criteria are established that all applicants must meet in order to be approved. This process is typically done using an online screening service, and an answer may be obtained in as little as 20 minutes. SA M PL 10B E Driver’s license or other photo ID 10B © 2014 National Apartment Association 2-3 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Laws That Govern Applicant Screening 16B Introduction 102B There are several laws that govern applicant screening. They include the: • Equal Credit Opportunity Act • Fair Credit Reporting Act (FCRA), and • Fair and Accurate Credit Transaction Act (FACTA). Equal Credit Opportunity Act Description This act makes it unlawful to discriminate against someone with respect to any aspect of the credit application on the basis of race, color, religion, national origin, sex, marital status, age and gender. State and local laws often provide even broader coverage and prohibit discrimination based on additional protected classes not covered under this Federal Act. E 103B Fair Credit Reporting Act (FCRA) Description The Fair Credit Reporting Act (FCRA) is designed to protect the privacy and insure the accuracy of consumer report information and to guarantee that the information supplied by consumer reporting agencies (CRAs) is as accurate as possible. It also requires owners who deny a lease based on information in the applicant’s consumer report to provide the applicant with an “adverse action notice”. SA 104B M PL How to comply When a prospective resident is asked to complete a rental application it could seem like an invasion of privacy and viewed as a complicated process. The application process should be fully explained to all applicants to reduce anxiety and misunderstanding of the process. If an application (and not the person) must be denied because the applicant did not meet the rental qualification criteria, this should be done with compassion and understanding. The three (3) most significant CRAs, or providers of credit information, are Equifax, Experian and TransUnion. Other companies who provide credit screening services are also covered by the FCRA. How to comply As a part of the applicant screening procedure, the Leasing Professional may use a third party screening firm or make multiple calls and inquiries. A consumer report (also called a credit report) contains information about a person’s credit characteristics and debt payment history. Continued on next page © 2014 National Apartment Association 2-4 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Laws That Govern Applicant Screening, Continued Fair Credit Reporting Act (FCRA), (continued) It may also include information about someone’s rental history, such as information from previous owners or from public records like housing court or eviction files. If the contents of the consumer report require that the application be denied or that additional deposits or rent are required, the FCRA governs how to respond. Carefully follow company policy and consult with your supervisor before relaying the CRAs findings to the applicant. Fair And Accurate Credit Transaction Act (FACTA) Description Late in 2003, and responding to the dramatic increase in identity theft and fraud, the Fair and Accurate Credit Transaction Act (FACTA) was signed into law. The Act substantially changes FCRA’s impact on property owners. In addition to reauthorizing the FCRA, the Act addresses consumer concerns about identity theft and inaccuracies in consumer reports and gives consumers the right to limit how businesses can use their non-public personal information. M 105B PL E If a rental application is denied, or if the acceptance is conditional upon higher rent, higher security deposit, or a co-signer, the applicant must be given a proper written notice of the reason for the denial or conditional acceptance and contact information for the CRA that provides the adverse credit information. Site personnel should never discuss with the applicant the details of their credit report. They must be referred to the CRA for more specific information. SA How to comply Consumer reports may now appear with fraud alerts and file blocks when consumers claim identity theft or fraud. Similarly, if the community provides data to consumer reporting agencies such as collection agencies, there are new requirements to respond to notices of alleged identity theft. Always confirm these reports with the property manager and respond according to company policy and screening criteria. The Act also impacts: • the types of records that will be submitted to collection agencies • new procedures for verifying collection account accuracy and reinvestigating if the account is disputed, and • limitations on a corporate entity to “share” information between its sister properties for the purposes of marketing. All of these factors impact applicant screening at the community. © 2014 National Apartment Association 2-5 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening 17B The application process helps screen out unqualified applicants who may be less likely to follow the terms of the lease or pay the rent. The process should be neutral and not discriminate against an applicant’s membership in a protected class. It should also be consistent for every applicant. This guarantees that every application is reviewed against the same criteria and receives equal consideration. The application should give the owner the right to check references, employment, credit history and criminal record, if that is company policy. Management responsibility It cannot be emphasized enough that it is a manager’s responsibility to investigate, understand and uphold the laws that apply in his/her state as well as applicable federal laws and regulations. Consistently applying leasing policies and practices will minimize the risk of discrimination.. Application screening process Applicant screening begins with an application that gathers as much information about an applicant as possible. A fee is frequently charged to cover the cost of screening applications. 108B PL 107B E Purpose 106B The table below shows the typical applicant screening process. Description Either an outside screening service or the Leasing Professional M Stage 1 SA 2 • screens the application, and • investigates the information provided on the application. The Apartment Manager 3 • reviews the application for compliance with all community guidelines, and • approves or denies the application. The Leasing Professional notifies the prospect of his or her approval or denial. © 2014 National Apartment Association Continued on next page 2-6 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued The following criteria are checked and, in the event of a negative report or adverse information, can result in the denial of an application: • credit history • income • rental history from previous owners • eviction records • criminal background (if part of the company screening policy) Many states limit criminal history checks to felony convictions or violent misdemeanors. Know your state law in this regard. • social security number (SSN) or individual tax identification number (ITIN), and • check writing history. How criteria are established Criteria have limits determined by company policy and you are responsible for complying with company policy. It is recommended that company criteria for credit, income and employment be printed and posted where all can see them in the leasing office. Many companies give signed copies of the criteria to every applicant in order to avoid any misunderstanding about the screening process. The following table contains some suggestions. PL 10B E Criteria examined during screening 109B M Criteria What credit history will be allowed? SA What income to rent ratio will be used? How much rental history is required? How much work history will be required? Will late rent payment history be allowed? Will NSF check history be allowed? Will owner debt disqualify an applicant? What happens if just one category is poor? Will guarantors be allowed and at what income level will they be required? Will a personal bankruptcy disqualify an applicant? Possible Levels less than 50% with a 3 or higher; less than 40% 33%, 30%, 35%, 40% 12 months; 24 months 12 months; 24 months 3 in 12 months; 2 in 12 months 1 in 12 months; 2 in 12 months Yes; No Extra deposit; Guarantor Required Yes; No. Yes; No Continued on next page © 2014 National Apartment Association 2-7 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued SSN or ITIN required 1B A Social Security number is often used to perform a credit check on an individual and the credit check is required as part of the apartment rental application procedure. People who have a right to work in the U.S. are required to have a SSN. However, a person who does not have the right to work in the U.S. (or who does not intend to work) may have an Individual Tax Identification Number (ITIN). Some applicants may not have a SSN, but you need to process their applications in a fair manner to be in compliance with the Fair Housing Act. Credit report Credit reports contain the following information about the person’s creditworthiness: PL 12B E Reference: See the topic “Processing Applications for Applicants without a Social Security Number” in this chapter for additional information. M Acceptable accounts ratio Based on information from the applicant’s credit report calculated as: Positive trade lines divided by Positive trade lines + Negative trade lines. When scoring this part of the background check, No tradelines (meaning no credit history) may display on the report and it will be interpreted as approved with conditions. A report of No Record is interpreted as bad credit history and the application will be denied. SA Debt to income ratio Based on information from the applicant’s credit report and information entered into the screening program, this is determined as Debt divided by income. Rent to income ratio Based on information entered into the screening program this is calculated as rent divided by income. FICO score A numerical score calculated by the credit bureau. FICO scores provide the best guide to future risk based solely on credit report data. The higher the score, the lower the risk. The score reflects a mathematical calculation which evaluates a person’s payment history, amounts owed, length of credit history, new credit and types of credit used. The range of possible scores is 300 to 850. Continued on next page © 2014 National Apartment Association 2-8 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued Additional items included on the credit report In addition to the credit information, rental history information and court records such as eviction notices may also be included in the credit report. Exposure to personal information Some screening companies provide the applicant’s credit report with the score while others only provide the score. If you receive the credit report, there is a risk of exposure to personal information where applicant information is being seen by the office staff of the management company. You must be careful to handle this information carefully and in accordance with the law. 13B E 14B Criminal history screening 15B PL Reference: See the topic “Identity Theft” in this chapter for more information. This business practice involves the review of the criminal activity or criminal background of all rental applicants, and sometimes even for lease renewals. An owner or management company representative determines the scope of the checks. M Before any review or check is conducted, the Leasing Professional must: • inform the applicant that the criminal background check will be done, and • obtain an appropriate written authorization to check the applicant’s criminal history. SA Note: Conduct criminal history screening only if your property has a criminal history screening policy. Some properties do not. Criteria used in criminal background checks 16B All applications must be checked using the same consistent process with the same criteria to avoid discriminatory treatment. Typically, the owner or the designated management company’s policies and procedures determine when an application or renewal will be denied due to the results of the criminal background check. The denial could be based on • any felony within a designated amount of years, or • designated felonies (e.g., murder, assault, rape, sexual abuse) within a designated number of years. Records must often be checked in multiple states or jurisdictions going back at least two (2) years in time. This is particularly important if the applicant lived in other cities or states before moving to the current area. Continued on next page © 2014 National Apartment Association 2-9 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued HUD guidelines on terrorism 17B Since the terrorist attacks of September 11, 2001, the housing industry has had many concerns about ensuring the security of its residents and property. Many housing providers are reviewing their screening and operating policies and weighing the benefit of increased scrutiny and the potential for claims of fair housing violations. E In January 2003, the Department of Housing and Urban Development (HUD) issued a memo that helps to clarify the rules regarding screening and other operating policies. In a nutshell: It is acceptable to refuse to rent to applicants as long as your decision is based solely on the applicant’s citizenship or immigration status and it is acceptable to ask applicants to give documentation of citizenship or immigration status while screening. PL Below are additional highlights from the HUD memo. SA M • Managers cannot refuse to rent to applicants because of their race, religion or national origin, but the applicant can be refused if the decision is based solely on his or her immigration status. A non-U.S. citizen who cannot prove legal residency in the country can be refused. • HUD has long required proof of citizenship and immigration status in its federally-funded housing sites. Private managers may do so as well as long as they do it for all applicants. • If a prospect cannot produce the proper documents, the manager may legally reject the application. • It is important to enforce these rules in a non-discriminatory manner. No greater emphasis should be placed on one nationality over another. • Owners and managers should give all residents the same privileges, such as ability to reserve a community clubroom. • Owners and managers may punish and even evict unruly residents so long as all residents are held to the same standards of conduct. • Owners and managers do not have to rent to someone who does not meet financial criteria. © 2014 National Apartment Association Continued on next page 2-10 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued Identity documentation 1 Identity documents such as a valid governmentally issued photo ID are generally required to show an apartment, but they are also an important factor in approval or denial of an application to lease. The following are proof of legal residence: Identity documents and ID theft A property manager’s focus on identity documents cannot be understated. Identity theft is the number one consumer fraud according to the Federal Trade Commission (FTC). It represented 26% of the more than 1.2 million consumer fraud complaints in 2010. For further information see the following Web sites www.justice.gov/criminal and www.ftc.gov SA 1 M PL E • U.S. Citizen by birth – birth certificate or U.S. passport • U.S. Citizen by naturalization – naturalization certificate • Immigrant – Permanent Resident Card (formerly Alien Registration Card) or a green card. If he/she has a right to work in the U.S., he/she will have a social security card as well. • Nonimmigrant – a passport from the native country and/or a visa. A I-94 form should be attached to the passport or visa that explains how long the individual will be in the country. Ask for a social security number or individual taxpayer identification number (ITIN). If the nonimmigrant is a student, ask for a DS-2019 form (Certificate of Eligibility for Exchange Visitor (J-1) Status) or an I-20 form for vocational students (Certificate of Eligibility for Nonimmigrant Student (F-1) Status). • Refugee – the same papers as a nonimmigrant. The I-94 form should be stamped “Admitted as a Refugee.” • Asylee – An I-94 form. The I-94 form should be stamped “Subject granted Asylee Status.” 0H 1H Improper or invalid identification can be a reason to reject an application. Even if you don’t know how to determine a real document, you may be able to spot inconsistencies that point to fraud or you may be able to document important information for later legal action. © 2014 National Apartment Association Continued on next page 2-11 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued Manager approval Once the screening of the credit and background are complete, the manager reviews the application and results to determine whether to approve or deny the application. • • • • Applicants must be employed or provide proof of income. Combined household income must be satisfactory to the community’s scoring criteria. PL Income verification income occupancy vehicles, and pets. E There are additional community guidelines that must be met. The community-based items that the manager reviews are: Company policy will establish the source documents that are acceptable for verification. Examples include: All federal, state and local occupancy guidelines must be followed. Generally the following limits apply when determining the acceptable number of people for an apartment: SA Requested occupancy employment offer letters most recent year’s tax record three (3) most recent bank statements, or most recent pay stubs. M • • • • • • • • one (1) person for an efficiency/studio two (2) people for a one (1) bedroom four (4) people a two (2) bedroom, and six (6) people for a three (3) bedroom. When determining the acceptable number of people for an apartment, dens are considered to be bedrooms, although some codes require a window in a room if it is considered a bedroom or sleeping area. Check your state and local building codes. Continued on next page © 2014 National Apartment Association 2-12 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued Number of vehicles Depending on the property and company policy, vehicles may be restricted. For example, some properties limit vehicles to a maximum of two (2) cars per apartment or one (1) car per bedroom, whichever is greater. Number and type(s) of pets Pet policies vary from company to company and/or property to property. The manager should review the application to ensure adherence to the policy. Questions to consider include: The outcomes of the screening process may be: • approved (will be accepted as a resident) • approved with conditions (may be accepted as a resident if other conditions are met), or • denied (will not be accepted as a resident.) M Possible outcomes of screening PL E • Should a photo be taken of the pet in the office to ensure compliance with breed or size restrictions? • Is there a pet addendum covering pet fees and policies of pet ownership on the property? • Are pets required to be neutered/spayed? • If so, are you getting documentation of such? Approved with conditions means that you will need to: SA • ask for a larger security deposit, or • have another responsible party (e.g., parent) co-sign for the applicant. Reference: See the topic “Information About Co-Signers” in this chapter for additional information. © 2014 National Apartment Association Continued on next page 2-13 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued Notification of application status The following notifications should be provided to the applicant within 72 hours of the application date. IF the applicant’s application is… approved THEN… SA M PL E approved with conditions • send an approval letter, and • notify the person by telephone. • Send an adverse action letter explaining the conditions of the approval, and including the contact information (name, address and phone number) for the credit reporting agency (CRA) that provided the adverse credit information. • The letter must also include a statement that the agency that provided the report did not make the decision to take the adverse action, and a notice of the applicant’s right to dispute the accuracy of the information furnished to the agency. • If the adverse action is based on a credit score, the letter must include the numerical credit score, range of possible scores, the key factors that adversely affected the score, the date on which the credit score was created, and the name of the person. • Immediately telephone the person to explain the status of his or her application. denied © 2014 National Apartment Association Note: Give the person one (1) week within which to make the decision regarding the additional payment or required co-signer, after which the application will be denied. • Call the applicant to let him or her know the status of the application. • Immediately send an adverse action letter that includes the contact information (name, address and phone number) for the credit reporting agency (CRA) that provided the adverse credit information. • It must also include a statement that the agency that provided the report did not make the decision to take the adverse 2-14 Certified Apartment ManagerSM Reference Guide Management of Residential Issues action, and a notice of the applicant’s right to dispute the accuracy of the information furnished to the agency. • If the adverse action is based on a credit score, the letter must include the numerical credit score, range of possible scores, the key factors that adversely affected the score, the date on which the credit score was created, and the name of the person or entity that provided the score. Notes: Continued on next page SA M PL E • Refrain from using the word “rejected.” Use words like “denied,” “not accepted” or “declined.” The word “rejected” sends an inappropriate message and can be received more emotionally by the applicant. • You cannot disclose specific information from the applicant’s credit report to him or her. The applicant must deal with the credit reporting agency to get this information. © 2014 National Apartment Association 2-15 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Applicant Screening, Continued Follow these rules when notifying an applicant. • All applicants must be advised in the same manner of their application acceptance or denial. • Follow exacting rules on timing, format (in writing, phone, e-mail) and acknowledgement by the applicant. • Do not leave a voice message that an application is accepted or denied. • Include a clearly stated policy on the application of what will happen if the applicant cannot be found to advise them of the acceptance or denial of the application. • If an application is denied, the Fair Credit Reporting Act (FCRA) requires that an adverse action letter be written to the applicant advising him or her of the application denial with the reasons clearly stated. A standard letter or note is the best insurance against fair housing discrimination claims. PL E Rules for acceptance or denial notification When an application is approved, a Welcome letter may also be provided. This letter would include the address of the apartment and explain utility connection service requirements. SA Welcome letter M Note: If the rejection is due to a report provided by a consumer reporting agency (CRA), the manager must identify by name address and phone number, the agency that provided the information. If a third party screening firm is used, the adverse action letter will generally be issued by them and will apply to all of the areas that firm screens (credit, criminal, owner history, employer, etc.). The applicant generally is referred back to the screening firm for further details about the reports. © 2014 National Apartment Association 2-16 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Processing Applications for Applicants without a Social Security Number 18B Background 129B In January 2003, HUD issued a memo stating that under the Fair Housing Act (FHA) it is unlawful to screen applications on the basis of race, color, religion, sex, national origin, disability, or familial status. The Act does not create a protected class based on a person’s citizenship status. E The memo does provide that asking housing applicants to provide documentation of their citizenship or immigration status during the screening process does not violate the Act. The Act requires that the same processes be applied to all people. What you can do You may: SA 130B M PL It is also important to remember that there is no law requiring a person to have a social security number in order to live in the U.S. Therefore, an application procedure and rental criteria must be applied fairly to all applicants, even those without a Social Security Number (SSN). Failing to do so can be considered to have a disparate impact (discriminatory effect) on persons from other countries (national origin discrimination.) It is recommended that landlords ask if their screening companies has other methods for checking credit on persons without SSNs, such as by using the person’s name, date of birth and last known address (or find a secondary screening company that has such capability). This way, all applicants are treated fairly and have the same equal opportunity to have their credit run. If a report comes back showing no record found or with insufficient credit history, then an applicant who otherwise qualifies could be offered an opportunity to rent with conditions • require applicants to provide documentation of their citizenship or immigration status during the screening process • set a policy of denying the application of any applicant who is not a U.S. citizen and does not have the legal right to be in the U.S. • set a policy denying the application of any applicant who is legally in the U.S. but who can’t prove that they will have the legal right to be in the U.S. during the term of the lease (i.e., the visa has an expiration date prior to the lease termination date), and/or • set a policy of not renting to any applicant who does not financially qualify. What you cannot do 13B You may not treat someone differently because he or she does not have a social security number. You may not set a policy of not renting to anyone who: © 2014 National Apartment Association 2-17 Certified Apartment ManagerSM Reference Guide Management of Residential Issues • isn’t a U.S. citizen, or • falls within certain categories of non-U.S. citizens (i.e., non-immigrants or refugees). SA M PL E Continued on next page © 2014 National Apartment Association 2-18 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Processing Applications for Applicants without a Social Security Number, Continued Documentation required 132B Applicants must provide documentation to prove that they have the right to be in the U.S. within 72 hours of the date of application. Proof of citizenship Ask to see the person’s passport, birth certificate, or other proof of citizenship. Be sure that the photograph on the passport is that of the person. Make a copy of the documentation if there is no photograph. E Valid visa Ask to see the person’s visa paperwork. This should state: SA M PL • the reason that he or she is in the U.S. • the type of visa, and • the expiration date. © 2014 National Apartment Association 2-19 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Identity Theft 19B Legal provisions that affect apartment firms 134B As previously mentioned, amendments were made to the Fair Credit Reporting Act (FCRA) to protect against violations of consumer privacy. These amendments are called the Fair and Accurate Credit Transactions Act (FACTA). This act contains the following provisions that affect apartment owners and their residents, employees and applicants. Data destruction rules were also enacted as part of FACTA. Specifically, these rules require firms that use consumer reports or information derived from such reports to take reasonable measures to protect against unauthorized access to such data during disposal. This includes credit reports and scores, employment background checks, and residential records. SA M Data destruction rules 135B PL E • Every consumer is entitled to see, for free, the credit and/or other information that is the basis for a decision about their rental, mortgage, insurance or employment application. Apartment owners are experiencing more consumer questions about how information from reports is used to set rent and deposit fees and accept or reject applicants. • Identity theft alerts, file blocks, and file freezes give consumers new ways to show they were victims of identity theft. Apartment firms will see these indicators in consumer reports and decision pages. • Consumers can go directly to an apartment firm and ask to see file information related to a fraudulent transaction committed in the identity of the consumer. Apartment firms should establish procedures to escalate such requests to the appropriate management representatives to ensure that data actually is provided to victims and their representatives and not to identity thieves. Federal law requires papers that include personal, sensitive consumer information to be destroyed in a reasonable manner. Electronic media (e.g., e-mail and computer files) must be destroyed or erased so that such information cannot be read or reconstructed. Access to applicant files can be limited and files can be reviewed to ensure that the company’s record retention policy has been followed. © 2014 National Apartment Association 2-20 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Information About Co-Signers 20B • Some communities accept co-signers. Check your company’s policy as to verification requirements and when co-signers should not be allowed. When co-signers are allowed, the person must often sign the lease agreement.. Note: On the lease agreement, the co-signer is usually listed as a party to the agreement, but not as an occupant. If not a party to the lease, a guarantee agreement can be used and should be notarized. A new agreement should be executed in the event of lease renewal or other material change in lease terms. Verification required The co-signer agreement must be verified to ensure that the person meets all rental criteria and has sufficient income to also include the applicant’s rental obligation. PL 137B E When cosigners are allowed 136B When the lease expires and the resident wants to renew, re-verify the resident’s application to determine if the co-signer is still required. If so, the co-signer must sign the lease renewal and be re-verified. If not, the cosigner may be removed from the lease agreement. Co-signers should not be permitted if the applicant fails to qualify because he or she has unacceptable rent history which may include: M When cosigners should not be allowed 138B • judgments from other apartment communities • a late payment history • eviction from a prior owner, SA Consult your company policy and screening criteria when dealing with recent mortgage foreclosure actions. © 2014 National Apartment Association 2-21 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Deposits 21B Types and purposes of deposits 139B There are several reasons for a community manager to collect a deposit. Some types of deposits must be refunded and others do not. Always collect deposits before providing keys for move in. The table below shows the different types of deposits and whether or not they need to be refunded. Type Description PL Holding deposit/ Application deposit/ Administrative fee This fee covers the cost of generating a credit report and a criminal background check. This deposit can be collected by community managers to ensure that the prospective resident is serious about leasing the residence. It may be in addition to or instead of a security deposit. Note: The community manager should not collect a deposit from more than one applicant for the same residence. When more than one applicant wants the same residence, the manager may accept other applications in case the first applicant falls through. Ensures management that the resident will be responsible for costs associated with cleaning, damage and unpaid rent upon vacating the property. When pets are permitted, pet deposits are often required. This deposit is usually non-refundable. This ensures the community manager that the pet owner will be responsible for any damage the pet may cause. A monthly fee may be charged for the pet in addition to the deposit. M SA Security deposit Pet deposit No E Application fee Refund required Refer to company policy. The deposits noted here and/or the administrative fee are often non-refundable. Yes, if the costs do not exceed the total of the deposit. Refer to company policy. Some communities do refund pet deposits in their entirety or partially. Continued on next page © 2014 National Apartment Association 2-22 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Deposits, Continued Laws regarding deposits 140B Ordinances have been enacted by local and state governments that regulate the amount that can be charged for the deposit, what it is used for, or both. SA M PL E Reference: See the topic “State Security Deposit Laws” in the Resource Materials for additional information. © 2014 National Apartment Association 2-23 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Paperwork 2B After leasing a specific apartment and receiving the application fee to hold the apartment, the lease should be completed, the deposits or fees paid and the lease signed prior to move-in day. This avoids making the moving day more hectic and ensures that the resident understands what is expected in the lease agreement. Definition: Lease A lease is a legally enforceable contract that grants a resident the rights and responsibilities of possession and use of an apartment for a specified period of time. It is often referred to as a rental agreement. Basic elements of a lease A written lease should contain the following basic elements: • • • • • • • identity of all parties involved, using correct legal names name of community and/or managing agent complete description of premises to be leased apartment number, street address, city and state duration of lease term, including start and end dates rent amount recommended methods of payment (check, certified check or money order) Note: Cash payments are not recommended but cannot be denied, since cash is legal tender. terms of payment o when rent is due and late fees are assessed o where payment is to be made o late fees, amounts and charges for returned checks causes for legal action community guidelines/rules and regulations acceptable use of premises termination process and how notice to vacate is to be accepted holdover terms of rent increase, and rights and responsibilities of each party. M 143B PL 142B E When to complete 14B • SA • • • • • • • © 2014 National Apartment Association Continued on next page 2-24 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Paperwork, Continued Additional clauses that may be included Clauses may be added to a lease to assign certain responsibilities and discourage undesirable actions by lessees. These may include: Lease preparation In some areas, the state or local apartment association has developed leases that members may adopt. In general, the basic principles of Landlord/Tenant law apply widely throughout the country. However, each state will have a lease agreement that complies with the laws of that state. E maintenance pets utilities security deposit subletting concessions terms of payment default alterations condition of premises noise Owner’s right of access damage by natural disaster, and/or renter insurance. M 145B • • • • • • • • • • • • • • PL 14B SA The National Apartment Association (NAA) has developed a national lease template that has already been accepted for use in 41 states. The format offers a complete and detailed description of the relationship between residents and owners. The template contains a software package that includes additional lease addenda forms. Your community will likely have its own lease template. The leasing professional takes this template and fills in the specific information required such as address of the apartment home, rent, term of lease, and deposits and fees collected. Required lease addenda such as those for parking structures (garages or carports), pets, and utility responsibilities are also prepared by the leasing professional or other person in the office assigned these duties. This employee is responsible for getting the lease signed. Continued on next page © 2014 National Apartment Association 2-25 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Paperwork, Continued Lease review Set up a time to review the lease with the resident prior to move-in. Important clauses should be explained and an opportunity to thoroughly read through the document should be offered to the resident. Many companies require particular clauses initialed and all pages to the lease also be initialed. Signatures required The lease should be initialed on each page by the resident and then signed by all occupants of legal age. The community manager should review and sign the completed lease, and a copy of the fully executed lease should be provided to the resident on move-in day. Each party must have an original signed copy of the lease. 146B E 147B Lease file 148B PL If a co-signer is involved, he or she must sign the lease paperwork with the new resident. . A lease file should be created for each new apartment being leased. All documentation should be included in the file. This includes communication, checklists, the rental application and the lease. The lease file paperwork should be set up in a logical order. A suggestion is: One side of the folder: conversation log move-in checklist resident letters/notices resident profile M • • • • SA Other side of the folder: • • • • • • Lease agreement any applicable addendums rental application electronic payment activation form move-in/move-out inspection form copy of renter’s insurance (if company policy requires for move in) Continued on next page © 2014 National Apartment Association 2-26 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Paperwork, Continued Move-In date/walkthrough 149B At the time the lease is completed, schedule a move-in date with the resident. A complete list of special instructions prior to move in should be given to the resident. This should include utility connection information and address change requirements. Checklist 150B E At least 48 hours prior to move-in, contact the resident to confirm the move-in walk-through appointment. The leasing professional and/or the community manager should walk the unit prior to this appointment to verify work completed and keys in working order. First impressions are important. A move-in checklist can be a helpful tool to be sure that all the necessary details have been taken care of prior to and including the day of the move. SA M PL Reference: See the Toolbox for a sample Move-In/Move-Out Checklist. © 2014 National Apartment Association 2-27 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Occupant Changes 23B Collecting rent and managing occupancy are two of the most important responsibilities for a community manager. Therefore, preparing for and managing changes in resident occupancy is essential for maximizing income. This topic will discuss what you can do to effectively manage and enforce lease obligations when the occupants of an apartment home change. Change affects the bottom line Despite having carefully qualified and approved applicants and executed signed leases, you will find that it is not uncommon for situations and lives to change. Roommates can change. Managing these changes is necessary to protect the revenue sources for your community. Legal clauses One way to prepare for change is to use reasonable and legal clauses in the lease that will protect your interests. 152B PL 153B E Prepare for changes in resident occupancy 15B SA M • Use lease clauses that limit occupants and require the company’s permission for subleasing or assigning. Most companies don’t allow subletting. • Use a “joint and several” clause in the lease. This clause states that when two or more people sign the lease, each person is liable for paying rent and adhering to the terms of the agreement. If one resident cannot pay their share of the rent, or simply moves out, the other resident must still pay the full rent due. Also, each resident is responsible for any occupant’s action that violates any of the terms of the lease. • Have all occupants of legal age sign the lease as lease holders and not simply permitted occupants. • Check company policy for how payments from roommates are handled. Is one payment for all occupants required or are individual payments accepted from each occupant for the combined rent and fees due. New occupants 154B If adding a new occupant is allowed by the community manager: • at least one original occupant should remain in the apartment. • the new occupant must meet all the qualifying guidelines for an occupant • the rental application should be completed and approved prior to the new occupant moving into the apartment, and • an application fee should be paid by the new occupant. Continued on next page © 2014 National Apartment Association 2-28 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Occupant Changes, Continued Removing occupants 15B If removing an occupant is allowed by the community manager: SA M PL E • at least one original occupant should remain in the apartment • all occupants should complete and sign an addendum to the lease stating that: o the security deposit will not be refunded until all occupants move out o the remaining occupants will be responsible for the apartment and all damages o the moving occupant will have no further claim to the security deposit, and any concerns regarding the security deposit must be handled between the occupants, and o all keys must be returned by the moving resident, and • all lease terms should remain the same. © 2014 National Apartment Association 2-29 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Community Policies 24B Example of policies 156B The table below shows examples of community policies that may be incorporated within the lease agreement or part of an addendum of community policies attached to and incorporated by reference. Issue Emergencies M PL E Parking/Vehicles Policy • Call 911 first, and then notify the office. • Maintenance emergencies handled 24 hours a day. After hours, call the answering service. • Vehicles cannot park in unauthorized areas. • Vehicles must have current license plates. • Vehicles not permitted without manager’s approval include: o motorcycles o RVs o trailers o boats o jet skis, and o commercial vehicles. • Vehicles not permitted on the property include inoperable, unlicensed or abandoned vehicles. • Repair or washing of vehicles is not allowed without manager’s approval. • Towing policies • Hanging of objects from any balcony, windows or in front of any apartment unit is not permitted. • Residents cannot put anything on windowsills or balcony railings, and shall not permit anything to be thrown from the windows. • Mini blinds may not be removed without manager’s approval. • Window treatments must have white backing to provide a uniform look. • Residents may use nails and non-adhesive picture hangers on the walls. SA Walls/Windows © 2014 National Apartment Association Continued on next page 2-30 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Community Policies, Continued Example of policies, (continued) • • • • Noise Trash PL • Policy Equipment in bathroom and kitchen may only be used for the purposes they were intended for. No throwing of glass, corn cobs, nut shells, fruit pits, bones or non-food in the disposal. Portable washers, dryers or dishwashers not allowed without prior manager’s approval. Residents and guests are required to control the volume of stereos, radios, television or other musical devices within the apartment and the community. Disturbance of residents in other apartments will not be permitted. Residents are responsible for their guests at all times. Large parties are forbidden. Trash must be deposited in trash containers located in the community. A fine may be charged to a resident if trash is left in hallways or other common areas. Residents must abide by all local and state regulations regarding the sorting, separation and recycling of waste products, garbage and trash. Charcoal and gas grills on the balconies or patios is not allowed where prohibited by local ordinance, and only allowed elsewhere when approved by management. Lockout service will be performed during office hours only, upon resident’s presentation or proper identification. Residents may not place or store anything within two (2) feet of heating or air-conditioning closets or units. Local ordinances/codes must be checked and followed. Many communities/cities do not allow storage of any kind in these closets. Flammable materials may not be stored anywhere within these closets. Management reserves the right to inspect these areas. E Issue Appliances/Fixtures • • M • • Lockouts • HVAC Closets • SA Grilling • • Continued on next page © 2014 National Apartment Association 2-31 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Community Policies, Continued Example of policies, (continued) Solicitations/Notices • Amenities • Trails/Paths • • M Packages E • Policy Residents must maintain and provide the manager with evidence of current renter’s insurance for waterbeds and other liquid filled furniture prior to the installation of such items. The insurance policy must cover the apartment community for damages. Solicitations/Notices by residents or posting of any notices is prohibited without permission from management. Residents must adhere to the operating hours and policies of the amenity areas. Guests must be accompanied by a resident. Any resident using any jogging or walking trail on or abutting the property after dark does so at his or her own risk. Residents will allow management to accept packages from the post office and other carriers on behalf of the resident. The resident must show valid identification to claim the package. Packages not claimed after 7 days will be returned to the sender at the resident’s expense. The sidewalks, entryways, halls and stairways of the community will not be obstructed or used for any purpose other than ingress and egress to and from the apartment. This includes storage of personal property of any kind. PL Issue Liquid Filled Furniture SA Common Areas © 2014 National Apartment Association • Continued on next page 2-32 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Community Policies, Continued Example of policies, (continued) • • • • • • PL • Policy Lifeguards are not provided by management. Residents and guests swim at their own risk. Management is not responsible for accidents or injuries. Children under [age] must be supervised by an adult when using the pool/spa. The pool is for the exclusive use of residents. No more than two (2) guests are allowed at the pool with any one resident. Only unbreakable containers allowed in the pool area. All trash must be deposited in the trash receptacle in the pool area. No pets allowed in the pool area. No diving allowed. No alcohol is permitted in the pool area. Regulation bathing suits must be worn at all times. Gates must remain closed and latched at all times. No radios or other musical devices may be played at volumes that would disturb others. No pets may be kept for breeding purposes. Pets must be kept on a leash when outside. Pets must be walked in natural or wooded areas. Pet houses or crates are not permitted on patios, balconies or in common areas. Pets are not permitted to be staked or chained outside the apartment. All pet waste must be disposed of immediately and properly by residents. Pets that cause noise complaints or display aggressive behavior will not be permitted to remain at the apartment community. Pets (other than assistive animals) are not permitted in the club house, office, pool area, laundry room, or fitness center. E Issue Swimming Pool • • • • M • • SA Pets • • • • • • • • Continued on next page © 2014 National Apartment Association 2-33 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Community Policies, Continued Example of policies, (continued) • • • • PL • Policy The size of the satellite dish may not exceed one meter. No satellite dish or antenna may be affixed on any common areas including, but not limited to, outside walls, windowsills, roofs, common area balconies, or stairwells. No holes may be drilled through outside walls, roofs, balcony or patio railings, or exterior windows. The satellite dish should be installed by a professional installer. The satellite dish or antenna system must be a stand-alone system. Garages and carports are intended for automobile storage only. No garage or carport is intended for storage of personal belongings. Resident assumes responsibility for costs and expenses due to damage or theft of personal belongings stored in any garage or carport. No smoke detectors or fire extinguishers are provided by management for garages or carports. May also include information about: o garage rent o garage security deposit o access o insurance, and o vacating garages and carports. E Issue Satellite Dishes and Antennae Garages and Carports • • M • • SA • © 2014 National Apartment Association 2-34 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Major Lease Addenda 25B Examples of addenda 157B Some examples of the major lease addenda are: • • • • Garage/Carport addendum Pet addendum Utility addendum, and Concession addendum. SA M PL E Reference: See the Resource Materials for additional information about lease addenda. © 2014 National Apartment Association 2-35 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-In Procedures 26B Prepare in advance Resident retention begins the day the resident moves into the community. Therefore, it is important to provide a problem-free move in day by preparing in advance. Prior to the walk through Make an appointment with the resident for a move-in walk through of the apartment one or two days prior to the moving day. This should be scheduled on a weekday if possible. (For residents relocating from out of town, exceptions may need to be made.) Advise the resident to allow 45 minutes to complete the walk through with you. 158B E 159B Note the date and time of this appointment on the community calendar. It is helpful to maintain a calendar to record all move-in orientation appointments. PL Call the resident 48 hours prior to the appointment to confirm the date and time. Freshen up the apartment if it has been vacant for more than 10 days. A move-in gift, current resident newsletter and comment cards can be placed inside the apartment with a handwritten welcome note. Provide a move-in packet Have a move-in packet ready prior to the scheduled move-in date for the resident that includes: SA 16B Have all lease paperwork completed, signed, and copied for insertion into a Move-In packet. M Prepare copies of lease 160B • • • • • • the lease paperwork community policies a community convenience list keys welcome letter, and any other items that would be useful to a new resident. Reference: See example of a Resident Processing Checklist in the Toolbox. Continued on next page © 2014 National Apartment Association 2-36 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-In Procedures, Continued Walk through and orientation session 162B Take the resident to the apartment for the walk through and conduct an orientation session. Reference: See the topic “Resident Orientation” in this chapter for additional information. E A move-in inspection form should be completed at this time as well, to note any permanent damages prior to move-in. The resident should review this form and add anything else noted upon move-in within 48 hours of the move. Don’t forget to get the rent check! Although this sounds basic, the moving-in process can be so hectic that many times a check has been forgotten! Provide keys Each apartment will be issued one apartment key and one mailbox key for each adult occupant on the lease. Keys shall not be released until the lease agreement has been fully executed and payment for rent and fees has been received. Place a follow-up call The Leasing Professional who leased to the resident is responsible for calling the new resident within five (5) days of the move-in to answer questions and ensure that the new resident is satisfied. 164B SA M 165B PL Collect rent 163B © 2014 National Apartment Association 2-37 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Resident Orientation 27B Who conducts the resident orientation 16B The resident orientation should ideally be conducted by the same person who either signed the lease or rented the apartment, in order to provide continuity of customer service and to continue rapport-building with the resident. In some states only an owner or broker can sign a lease. If that is the case, the orientation will need to be conducted by someone from the leasing staff or the community manager. E If the person who leased the apartment is not scheduled to work the day of the move-in walk through and orientation, it may be done by another person. The resident should be notified who will be handling the walk through if such a change takes place. The Orientation Team may include the: Orientation agenda 167B Community Manager Assistant Manager Leasing Professional Service Manager or Maintenance Supervisor, and/or Service Technician. PL • • • • • The agenda for this new resident orientation should include: SA M • explaining when and where to pay rent (also include location of the after hours drop box) • reviewing of the location of the amenities (pool, tennis, laundry, fitness center) • explaining controlled access gate operation if applicable • providing access codes to amenity areas if applicable • providing the resident with a copy of the current resident newsletter and invite him or her to an upcoming event • explaining the Resident Referral Program, if one exists • providing a list of community services (banks, shopping areas, schools, dry cleaners, etc.) • setting up an appointment to meet the Maintenance Supervisor/Service Manager for a complete review of all systems and appliances within the first week after move-in, and • explaining the service request procedures and provide the number to call and/or the online procedure for requesting routine and emergency service. Emergency service should not be requested online. Explain the requirements of a move-out inspection at the end of residency. © 2014 National Apartment Association 2-38 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Maintenance Follow-up Orientation 28B Who handles the maintenance follow-up orientation The maintenance follow-up orientation is handled by the Maintenance Supervisor/Service Manager or may be assigned to a Service Technician. Prior to the meeting The Leasing Professional should schedule this orientation meeting between the resident and someone from the maintenance department during the move-in inspection. A calendar should be maintained to log all appointments, with available appointment times pre-determined by the Maintenance Supervisor and Community Manager. These visits should not be scheduled for after daylight hours if possible. 168B E 169B Maintenance orientation agenda The agenda for the maintenance orientation meeting should include: • • • • • the location of the circuit breaker box how to use the stove, including how to clean it and how the clock works how to use the refrigerator (and icemaker, if applicable) how to operate the dishwasher how to operate the garbage disposal (including where the reset button is located) • an overview of the HVAC (heating and air conditioning) system, including: o operation of the thermostat, and o energy efficiency tips • how the window and door locks work (opening and closing) • how to operate the washer and dryer (if provided) including: o cleaning lint traps o detergents to use o overloading, and o maintenance of hoses SA 17B Make a copy of the move-in inspection form that was completed during the walk-through to follow up on any items that were noted as needing maintenance or repair. Ensure that the resident is satisfied with the way these items were completed. M Move-in form 170B PL Explain to the resident that this orientation meeting should take between 15 and 20 minutes. Continued on next page © 2014 National Apartment Association 2-39 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Maintenance Follow-up Orientation, Continued • how light switches and wall outlets work, including resetting Ground Fault Interrupters (GFIs) in the kitchen and bath • explain the light bulb policy, including: o which bulbs are provided and which ones are not provided, and o where to purchase replacement bulbs • how to operate the toilet, including: o what not to put into the toilet o water saving features, and o where the emergency water cut-off is located • how the showerhead works, including water saving features and the effect on consumption • how to operate garage door openers (if applicable), and • how to operate alarm system. Missed appointments If the resident is not home at the arranged meeting time, leave a note or letter acknowledging the attempted meeting and asking him or her to reschedule at a future date. SA M 172B PL E Maintenance orientation agenda, (continued) © 2014 National Apartment Association 2-40 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Maintenance and Service Requests 29B Importance of good maintenance An attractive and well-maintained property will attract and retain residents. As occupancy rates increase and turnover costs decrease, value is added to the property. How maintenance effects the company’s financial health Managers can make a major contribution to the company’s financial health when they: Resident retention Some residents move for reasons out of our control- buying a house or transferring for work. However, much potential turnover is related to controllable reasons. According to a survey done by SatisFacts, a resident satisfaction research company, some of the most important of those controllable reasons are: 175B • • • • staff performance (ranked number one!) maintenance response time office responsiveness maintenance work quality, and office staff work quality. M • • • • • increase maintenance efficiency control or reduce costs extend the life of equipment, and reduce unexpected problems. E 174B PL 173B SA Managers need to minimize the controllable reasons in order to maintain or increase resident satisfaction levels and retain residents. Importance of completing service requests 176B Resident satisfaction Failure to adequately complete service orders has a huge impact on resident attitudes toward the community and their home. Satisfaction levels are greatly impacted by the quality and efficiency of servicing residents’ work order requests. If residents are not happy, they will not choose to renew. © 2014 National Apartment Association Continued on next page 2-41 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Maintenance and Service Requests, Continued Team approach to maintenance and service Everyone – you, the maintenance staff, leasing professionals, housekeepers, office administrators and residents – can take responsibility for the maintenance and safety of the property. A manager, through leadership and example, can create an atmosphere in which everyone on the team contributes to the maintenance program and is proud of their participation. Staff education One possible cause for long maintenance response times may be job-related knowledge. Less than half of the leasing staff time is spent leasing - most is in customer service. But how many and what types of resources are dedicated to educating the staff on maintenance? What resources are dedicated to educating the staff on the effect of customer service on the property’s financial performance? Does the office staff know what questions to ask for the most frequent service requests to help prepare complete work orders? Do maintenance technicians get customer service training? 17B PL E 178B Studies have shown that service technicians waste up to two (2) hours each day deciphering incomplete work orders. Being able to take a service order accurately will increase customer satisfaction and enable more work orders to be processed each day. Staff training should focus on: • how to take work orders, including better information gathering • fully utilizing property management software service request functionality • the importance of maintaining current, correct resident contact information (home phone number, e-mail address), and • the financial implications of turnover. SA M Staff training focus 179B © 2014 National Apartment Association Continued on next page 2-42 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Maintenance and Service Requests, Continued Resident education 180B Anything that can be done to lessen the burden of work orders on the service team is valuable. Residents have a responsibility for maintenance too. One easy way to reduce work loads and help residents is to provide “do-ityourself” solutions for simple maintenance needs. Include this information in move-in folders and on the community Web portal. E Arm the office staff with: • instructions to give residents when they call in service requests, and • information on how to give the “do-it-yourself” concept a positive spin. Talk to residents and maintenance technicians about specific problems both in their homes and on the grounds. Listen, discuss the situation and seek input on possible decisions for handling the problem. Since not every problem is urgent, also discuss timeframes and prioritize which issues will be handled first. Taking service requests It is important that the staff members provide excellent customer service to residents when they are taking a service request in person or on the phone. They are the first point of contact, and need to be empathetic, responsive and efficient. Getting the right information from the resident on the first call allows the work to be completed in a timely manner and done right the first time. Incomplete or unsatisfactory service requests are long remembered by the resident. M 182B PL Seek input 18B A Service Request Form should be used to gather the necessary information. SA Reference: See the Toolbox for a sample Service Request Form. Many companies also provide for service requests online using property management software and resident portals. Communities are better able to manage the service process, including: • • • • new ways for residents and staff to submit requests more complete work order preparation scheduling and control systems, and financial controls/reporting functions. Continued on next page © 2014 National Apartment Association 2-43 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Maintenance and Service Requests, Continued Emergency service requests should be made by calling the office. If the request is being made after business hours, either the answering service will call a service technician for the resident or the number to call will be provided on the recording. Emergency service requests should not be placed online. Examples of emergency requests include: Service request follow up 184B no electricity no plumbing or water throughout the apartment home major water infiltration no heat in temperatures below 55-60°F no air conditioning in temperatures over 86-90°F smoke alarms and/or Carbon Dioxide detectors sounding, and apartment access problems such as broken o doors o windows, or o locks. PL • • • • • • • E Emergency requests 183B After maintenance has solved the problem, be sure to follow up with the resident to ensure that no other work needs to be done. This is best done with a personal phone call but can also be handled with a letter or note. SA M The Service Request Form should have a space for notes from the follow up contact. © 2014 National Apartment Association 2-44 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Key Policy 30B Key systems should be unmastered systems. In other words, there should be no master key that unlocks all doors. Each apartment unit should have a separate key which can be controlled. Key control All keys should be locked in a key closet or key box that can only be accessed by designated employees. Key closets and key boxes are to remain locked at all times, including normal business hours. Vacant units All apartments should be placed on a “vacant lock” during the turnkey/make ready process. At move-out, all vacant apartment locks are to be keyed alike, allowing easy access by vendors and employees showing the apartment to prospective residents. Prior to the new resident’s move-in day, the lock needs to be changed to an unmastered key. Model units All model units should be keyed alike and one “model” key issued to each Leasing Professional for the convenience of showing the models to prospective residents. Move-ins Each apartment shall have the locks rekeyed prior to the move-in of a new resident. 18B 189B Move-outs Upon move-out, all keys must be returned by the resident. A charge (typically $50) should be deducted from the resident’s security deposit if all keys are not returned upon move-out, as specified in the lease agreement. SA 190B PL 187B M 186B E Key systems 185B Key release form 19B A written authorization from the resident must be on file prior to releasing a key to an occupied unit. This would be done for maintenance service and showings. The resident should complete a key release form which should be retained in the resident’s lease file. © 2014 National Apartment Association Continued on next page 2-45 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Key Policy, Continued Key release log 192B All keys checked out should be noted on a Key Release log which should be kept in the key closet or key box. The key release log should be reviewed at the end of each business day to ensure that all keys checked out during the day have been returned and accounted for. The staff member that checks the log at the end of the day can place his or her initials and date on a line in the log showing that the log has been inspected. The key release log should be stored onsite for one (1) year. During normal business hours If a resident is locked out of their apartment during normal business hours, a spare key may be checked out by the resident provided that she or he can provide proper identification. This would include a driver’s license or other photo ID. This information should be verified against the information in the lease file. PL E Lost keys 193B If the resident does not have a photo ID, obtain information that can be verified against the lease file and compare the signature against that on the lease agreement. Lock changes Residents requesting a lock change should be charged a set fee. Managers may waive the fee depending on the circumstances regarding the lock change. SA 194B M After hours When a resident is locked out of his/her residence after hours, the on-call maintenance technician should assist the resident. The resident’s occupancy must be verified with a photo ID before the resident enters the apartment home. Prior to changing the lock, you must have written permission from all individuals whose names are on the lease. Lock change requests should be considered as a priority service request and should be completed quickly. © 2014 National Apartment Association 2-46 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Resident Newsletter 31B What is a resident newsletter A resident newsletter is a publication that is put out by the management company to provide helpful information to all residents in the community. What the newsletter should include The newsletter should include: Hints to ensure a professional publication Resident newsletters and notices are a reflection of management. Some hints to ensure a professional publication are provided below. Advertising in newsletters • Keep the newsletter fun and informative so that residents look forward to receiving it. • Address problems on a positive note. Don’t use the newsletter to reprimand residents. If there are serious problems with residents adhering to community policies, send a business letter from the Community Manager rather than including it in the newsletter. • Include a calendar of events. It does not have to be just the events within the apartment community, but can include upcoming events in the local community (i.e., concerts, craft shows, sporting events). You may consider allowing advertising in the newsletter to help offset the production costs. Some communities sell ads to local merchants. Local merchants who do not want to purchase advertising space may consider stuffing the newsletter with a company flyer for a predetermined fee. SA 198B a list of the staff members (names, positions and contact information) a calendar of events helpful tips (i.e., safety issues) , and information about community issues. E 197B • • • • PL 196B M 195B © 2014 National Apartment Association 2-47 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Resident Activities 32B The purpose of resident activities is to provide social functions for the residents that will help residents get to know one another and to promote a sense of community. Hopefully, another outcome of these activities is to encourage people to renew their leases. Types of activities These activities may range in scope from theme parties to trips to ball games or cultural events. Pre-plan the activities Pre-plan the activities so that they fit into your budgeted guidelines. Check with the property insurance carrier if you plan an event, particularly if you are serving alcohol during any event. They may require “Event Insurance”. Promotion of activities The activities should be advertised in the Resident Newsletter and through notices. This will promote attendance at the events. Alcohol policy Some companies do not allow alcohol to be served at resident social functions. Others allow it, provided it is served by licensed personnel or by a catering company. 20B 203B Resident activity ideas 204B PL 201B M 20B E Purpose of resident activities 19B The following is a list of resident activity ideas that you may use to plan events at your community. Safety seminars (Fire, Self Defense) Superbowl party Morning Coffee “To Go” Nutrition and Exercise Seminars Tax Tips Neighborhood Crime Watch Makeovers Valentines for the kids Mardi Gras Masquerade party Sporting Events Blood Drive SA • • • • • • • • • • • Continued on next page © 2014 National Apartment Association 2-48 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Resident Activities, Continued • • • • • • • • • Cooking Class Coloring Contest Spring BBQ TGIF (Thank Goodness it’s Friday) Egg Decorating Party Car Wash Bingo and Ice Cream Wine tastings Community Walk SA M PL E Resident activity ideas, (continued) © 2014 National Apartment Association 2-49 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Criminal Activity 3B Policy on crime Most properties will experience some kind of criminal activity, usually involving vandalism or noise complaints. All disturbances or incidents of crime must be dealt with immediately. Send the message to residents and guests that there is zero-tolerance for this behavior. ResidentResident disputes Your responsibility A resident’s disruptive behavior should not be tolerated. A community manager may not know how to handle every situation and should never hesitate to ask for guidance from supervisory staff, legal counsel or the local law enforcement officials. 205B E 206B PL What you can do Address and arbitrate (if possible) disputes among residents without delay. If management is aware of a potential danger to a resident or has been warned about disturbing behavior, any of the following actions may be appropriate: • Initiate eviction proceedings against the resident involved in criminal activity. (Follow the policy in the lease if one exists for criminal activity.) • Warn other residents. (The warning must be factual and as noninflammatory as possible.) • Call the police. SA M Respond quickly Respond to complaints and concerns about residents quickly to manage inappropriate behavior. If management has been made aware of potential danger or discovered past criminal history and fails to react in a reasonable and timely manner, a victim may have legal recourse for recovering damages. Domestic violence 207B Your responsibility Noise complaints may be the first sign of domestic violence. Do not ignore these incidents of family arguments that can be heard outside the residence. Domestic violence is just as much a criminal activity as violence between unrelated individuals. It can be just as dangerous as well. © 2014 National Apartment Association Continued on next page 2-50 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Criminal Activity, Continued What you can do Do not attempt to arbitrate in a domestic dispute. Call the police when there is the threat of physical violence to anyone involved in the dispute. Enforce the policies restricting noise and criminal activity and take appropriate actions, including eviction. Consult local counsel for compliance with applicable domestic violence victim protection laws and potential fair housing implications in domestic violence cases. Drug dealing Your responsibility Drug dealing is another area managers need to monitor within the residential area. If drug dealing is not acted upon, it could cause many legal and practical problems. E 208B Domestic violence, (continued) PL Managing resident activity carefully and preventing criminal activities are among the top priorities of a manager. Make sure you include a clause in the lease agreement that prohibits the use of and dealing of drugs or other illegal activities. Promptly evict residents who do not adhere to this lease requirement. M What you can do Managers should know the warning signs of drug use and drug activity, and train employees to spot drug activity and to identify drug paraphernalia when in a resident’s home. Warning signs for drug dealing activities include: SA • Increased traffic at a resident’s home, especially at night and on weekends. • Frequent traffic at very late hours. • Frequent visitors with short or brief stays. • Visitors who leave one person waiting in the car. • Visitors who arrive with valuable objects, but leave without them. • Residents and guests sitting in their cars for extended periods of time. © 2014 National Apartment Association Continued on next page 2-51 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Criminal Activity, Continued Drug dealing, (continued) Warning signs of drug use or manufacture in a residence include: If you or your staff suspects a resident or a guest is involved in criminal activity, do not confront them. Contact local law enforcement officials and explain the situation. They will instruct you on how to proceed. Consider yourself a partner with the local police department; you have a responsibility to report any suspicious behavior. However, do not confront the individuals yourself. PL Seek help from the authorities 209B E • smoking paraphernalia including rolling papers, rolling tray, “roach clip,” glass pipes • syringes • bags of white powder • unusual amount of plastic baggies • unusual number of baking soda boxes • sophisticated weight scales or pocket-sized scale • overwhelming scent of ammonia • appearance of a laboratory including glass vials, bottles, jugs, flasks, and • extremely bright or high-wattage light bulbs on all night. M Never hesitate to call 911 in an emergency. When calling be prepared to explain: the type of incident whether it is still in progress location of the incident, and description of people and vehicles involved. SA • • • • © 2014 National Apartment Association 2-52 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Responding to Crime 34B Document the incident 210B All criminal acts reported or witnessed by you, the staff or a resident should be documented and kept on file. It is best to write all the details of the incident as soon as possible while memories are still fresh. This would identify vehicles, people (if known), location, witnesses, if any, etc. This information can be critical to solving a crime or apprehending a criminal. Follow company policies regarding incident reporting. See Risk Management module for a sample Incident Report. Step 1 2 3 4 Action Contact the police (911) immediately. Give the police as much information as possible and indicate if the crime is currently in progress. Go to the crime scene to await the police. Determine whether the crime is serious and if the police need to call for emergency medical attention. If the resident is able, ask a staff member to complete an incident report with the resident. M 5 E Follow the steps in the table below to respond to a crime when a resident reports a crime to you or a staff member. PL Procedure 21B SA 6 7 8 Note: If the resident is not able to complete the incident report at the time, be sure to have a staff member go back and complete it as soon as possible. Keep onlookers away from the scene. Determine the type of crime that was committed. Use the table below to complete this step. IF… you see anyone tampering with the crime scene you do not see anyone tampering with the crime scene 9 10 THEN… write a description of that person and what he/she did. go to the next step. Try to find witnesses. Cooperate with the police once they arrive. Continued on next page © 2014 National Apartment Association 2-53 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Responding to Crime, Continued Procedure, (continued) Step 11 12 Company policies often require notice to all residents of criminal incidents at the property. Consult your supervisor, company counsel, or Risk Management department for the appropriateness of the notice and the content of the letter to residents. PL E Notifying other residents 21B Action Inspect the residence for damage and repairs after the police have released control. Take photographs of all windows, doors and property damage. Suggest the resident make temporary living arrangements until damage can be repaired. SA M Reference: See the Toolbox for a sample of a Notice of Crime Incident letter. © 2014 National Apartment Association 2-54 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Community Files and Record Keeping 35B Files to be retained Each community determines what files to hold and for how long. This topic outlines some suggestions for record keeping. File and retention guidelines The table below shows the types of files you may maintain at the community and the length of time to retain each file. 214B Type of file Active Lease files Vendor files Lock in a cabinet at night. Five (5) years Maintain a separate file for each apartment for the life of the community. PL Inactive Lease files (“dead files”) Service Request files Retention guidelines Ongoing E 213B Periodically clean out insignificant work orders (loose drawers, doorknobs, etc.) and return all major items and safety items to the file. Two (2) years Incident report file Year-End: All year-end reports Five (5) years M Month-end reports Financial statements Also keep insurance certificates for two (2) years. Current year Send old employee files or files for terminated employees to Payroll. If you have no corporate office, you must hold files according to State and Federal requirements. Current and previous year Monthly: Past 12 months SA Payroll files Personnel files Maintain a notebook of records by month and year. Keep copies of all resident notices of activity (criminal activity, policy rule changes) in a separate section of the notebook. Continued on next page © 2014 National Apartment Association 2-55 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Community Files and Record Keeping, Continued File and retention guidelines, (continued) Type of file Detailed Unit Status Report/Guest cards Data Backup Diskettes Retention guidelines A minimum of three (3), preferably four (4) years Daily Backup: One (1) week Month-end financial reports: Current year Data destruction rules E After a resident has moved and the security deposit has been refunded, the resident file should be placed in “dead files”. These files should be arranged in a logical order (typically alphabetically, by year) and kept separate from active files. There are rules regarding data destruction that apply to resident files. These guidelines describe the ways in which the files may be destroyed. SA 216B A minimum of three (3), preferably four (4) years M Dead files 215B Keep in a fire-safe storage area. A minimum of three (3), preferably four (4) years from date of request PL Fair Housing/ADA Modifications/Accommodation Request file Denied applications © 2014 National Apartment Association 2-56 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rent Collection 36B Rent collection policies and procedures Rent is the largest source of income for an apartment community so collection is one of the most important tasks of a community manager. Due dates Timely rent payment must be enforced in order to cover the operating costs of the community. The rent is considered paid if it is received in any form in the appropriate office by the designated date. For most communities, the total monthly rent is due on the first day of each month. After the first day, rent is late. Discounts Some apartment communities choose to use a discount program as an incentive to encourage residents to pay early. Residents who pay their rent early receive a discount. In reality, however, discounted rent paid early reduces your total rent collection. Late fees Late fees are not typically charged until the morning of the 4th, 5th or 6th, depending on company policy and the late fee provision in the lease. 217B 219B M 20B PL E 218B Most companies have rent collection policies and procedures written in the company Operations Manuals. The terms and conditions of rent collection are also written into the lease agreement. Current software programs can automatically charge daily late fees. SA Late fees should be written into the lease agreement. Make sure your late fee policy complies with all state and local regulations. Exorbitant fees may be challenged in court and could be found unreasonable. Delinquency report 21B As a manager, you will be held responsible for the delinquency report submitted each month. In addition, the amount and frequency of rent delinquencies is likely to be reflected in your performance evaluation. The delinquency report lists residents who are in arrears, the amount each resident owes and the action taken to collect outstanding rents. It is common practice to prepare a delinquency report several times each month. Continued on next page © 2014 National Apartment Association 2-57 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rent Collection, Continued Rent roll 2B A rent roll is a comprehensive record of occupancy and rent collection activity. For the current period, it should include: • • • • • the apartment number move-in date lease expiration date rental rate, and amount collected. In order to keep delinquencies to a minimum, aggressive measures are necessary. These may include: PL Ways to combat delinquency 23B E It is important to maintain an accurate rent roll as it can be used to prepare other reports. SA M • Late rent notices. Late rent notices can be sent to every delinquent account on a particular day of each month. This should be specified in the lease. Many current software programs can calculate the late fees and generate these letters. • No concession. If there was a rent concession, do not allow the concession for the month in which the payment was late. This should be specified in the lease. • Eviction notices. Eviction notices can be filed on a particular day of the month. Acting promptly ensures that the balance does not continue to grow. It often takes 30-60 days, if not longer, to get the delinquent resident out. A promise to pay should not stop the process. When payment as promised is received, the eviction proceedings can be stopped. This procedure will minimize the amount of time a delinquent resident may remain in residency. Accept only money orders or cashier’s checks once the eviction has been filed. • Payment in full. Require that rent and all other balances be paid in full. If the resident fails to do so, post the payment first to other charges and balances, then to the rent. This should hopefully create a sense of urgency in the resident to avoid additional late fees which accrue on unpaid rent balances. Check any state or local laws that impact compliance. Continued on next page © 2014 National Apartment Association 2-58 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rent Collection, Continued Three (3) keys to ensuring rent is paid on time Three (3) keys to ensuring that residents pay their rent on time: Methods of payment Most leases specify what forms of payment are accepted. Generally accepted forms of payment include: • • • • • • personal checks money orders certified checks cashier checks electronic payments credit card E 25B • Be persistent – Remind residents that their payment is late. • Be consistent – Rent collecting is of utmost importance to community managers. Follow your written policy in the same way month after month, year after year. • Be firm – Do not make exceptions. PL 24B M Electronic forms of payment are becoming more widely used and accepted. With electronic payments, rent is electronically transferred from the resident’s bank account to the community’s account. This method ensures rent payments are received when due (if there are sufficient funds in the account) and involves minimal administrative work. Some companies are allowing credit card payments as well. As a safety precaution, most companies do not allow the payment of rent with cash. Some leases specifically prohibit receipt of cash. Yet some state and local laws require that cash is legal tender and must be accepted. You should know the law and the property lease. SA Cash 26B All employees should be aware of such a policy and should be held accountable for accepting cash. Many communities have signs in the business/leasing office that say “Please understand, we are unable to accept cash in the office.” Continued on next page © 2014 National Apartment Association 2-59 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rent Collection, Continued Checks 27B When residents pay with checks, rent payments may be slightly more difficult to manage. Checks should be considered conditional payments because the check may be returned from the bank for any of the following reasons: insufficient funds improper endorsement account closed drawn against uncollected funds unauthorized or no signature, or stop payment. E • • • • • • Returned checks Fees If a check for rent is returned for any reason, the resident’s rent is considered to be unpaid and delinquent. Late charges may be imposed, and the resident is responsible for any additional bank costs. In most states, you are permitted by law to charge a returned check fee. Returned check fees should be stated in your lease agreement. M 28B PL Several national property management software programs have checkscanning programs that will interface directly with the resident’s file and eliminate the “posting” process. Check scanning programs eliminate some of the delay of returned checks and can speed collection. SA Collection When a check is returned, it is imperative to take immediate action to collect the rent and other fees. • Attempt to contact the resident directly, either in person or by telephone. • Notify the resident that the check has been returned and what additional costs the resident now owes. • Ask the resident to bring in the total amount of the rent and fees in the form of either a money order or cashier’s check within a specified amount of time, usually 48 hours. Notes: o Some companies do not allow re-depositing the checks. o Often, residents who write checks with insufficient funds (NSF) are required to make future payments only with cashier’s checks or money orders. Continued on next page © 2014 National Apartment Association 2-60 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rent Collection, Continued Returned checks, (continued) Collection after a moveout To continue collecting all money owed to the property, most companies pursue immediate collection efforts against former residents. Money owed can include unit rent and other fees (pet, garage/carport, late, insufficient funds, etc.). Some companies use in-house collection departments, while others use third-party collection agencies. Although previous delinquency may be “written off” on the computer, continuing to pursue the collection is normally standard procedure for apartment management companies. SA M PL E 29B • Inform the resident that if the total amount is not received in an accepted form within the specified amount of time then eviction proceedings will begin. • Follow up the contact with a letter stating the same information. © 2014 National Apartment Association 2-61 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rent Increases 37B What rent increases are used for 230B Rents and other revenue are intended to produce enough income to cover operating costs and return a profit to the owner. Rent increases help: cover rising costs recover losses add amenities make repairs upgrade the property increase the value of the property, and meet owner objectives. E • • • • • • • PL However, rent increases can create anxious and frustrating experiences with residents. Employee awareness Make sure that all employees are aware of rent increases, and that they refrain from negative comments, especially when speaking with residents. Techniques to use when raising rents Because the issue of rent increases can be a touchy subject with residents, it is important to handle the situation appropriately. The following techniques will aid you in the process of raising rent. 231B M 23B SA • Be prepared to justify the rent increase. It is important to show that rent has increased over the years to: o maintain the property o pay increasing costs including wages, supplies, and utilities o add amenities, and o keep up with a competitive market. • Learn to use ways of requesting rent increases from residents. It is extremely important that you are thoughtful and considerate of residents. Make sure that you use positive words when changing rent rates for your residents. • Inform the residents of the high costs of moving such as: o security deposits o utility transfer fees o truck/van rental, and o time from work. Continued on next page © 2014 National Apartment Association 2-62 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Rent Increases, Continued Additional information See the Financial Management Reference Guide for a more detailed discussion of rent change strategies. SA M PL 23B • Show your appreciation to residents who renew. Consider giving them incentives to stay. This can mean anything from a free carpet cleaning to painting a room. • Always be prepared for angry residents. Be polite, understanding, positive and persistent. • Give residents plenty of notice. The number of days’ notice depends on the terms of the lease, but give enough notice that they do not feel pressured into making a decision. E Techniques to use when raising rents, (continued) © 2014 National Apartment Association 2-63 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-Out Notice 38B When notice must be provided 234B Residents must provide written notice of their intent to terminate their lease agreement 30-60 days prior to move-out. The Lease Agreement will specify the time required for the written notice. Some companies require a notice of intent to vacate be completed on a company document. Be sure to determine the real reason the resident is moving. Is there something that can be done to save the lease? The staff should be trained on counseling with residents who are considering a move. The cost to move usually far exceeds a small rental increase. Explain moveout procedures Explain the procedures for move-out to the resident. Provide a list of charges for damages to the premises if the resident does not clean the unit or repair damages prior to move-out. Make the resident aware of any outstanding charges or fees that they will be responsible for prior to moveout. What to do when notice is provided 236B When a resident provides you with notice: • ensure that everyone on the lease has signed the move-out notice form • write the time that the notice to vacate was received on the document • tell the resident that until all keys are returned, they are not considered to have fully turned the premises back over to management, so rent will be charged until all keys have been returned, and • obtain a forwarding address where a statement of their security deposit account as well as any refund due can be sent SA 237B PL 235B E Try to save the lease M Reference: See the Toolbox for a sample of a Notice of Resident Intent to Terminate (Vacate). © 2014 National Apartment Association Continued on next page 2-64 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-Out Notice 38B Send a moveout letter Upon receipt of a notice to vacate, send the resident a letter thanking him/her for their residency and advising of requirements upon move-out. This letter explains to the resident how you expect the residence to be vacated. It explains inspection procedures, lists the legal deductions the community manager can take and tells the resident when and how any refund due will be returned. Points to include in the move-out letter: SA M PL E • an explanation of any balances owed such as unpaid rent or late rent fees • specific cleaning requirements such as holes left from pictures, drapes, fleas from pets, etc. • a reminder that fixtures the resident has permanently attached to the wall must be left in place • final inspection details (how and when) a request for forwarding address information, and • state law information that allows the owner to keep the deposit if the resident does not provide a forwarding address within a certain period of time. © 2014 National Apartment Association 2-65 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-Out Inspection 39B Schedule an appointment 239B After you receive all keys from the residents, the apartment should be inspected. A complete walk through will reveal any deductions that should be taken from the security deposit that is held on the apartment. A combined move-in/move-out checklist is frequently used to record the condition of a residence before a resident moves in. Both the community manager and the resident sign this checklist. It is then filed away until the resident moves out. PL Move-out checklist 240B E Make every effort to schedule an appointment with the resident to complete the move-out inspection. Some states including Arizona, Maryland, and Virginia require that the final inspection be performed with the resident present. This is preferable in all cases, and helps ease any uncertainty concerning the deductions giving the resident a chance to present his/her point of view. During the final inspection, the checklist is used to determine what changes have occurred in the condition of the residence during the resident’s occupancy. When inspecting the apartment, look for the following: M What to look for 241B SA • Cleaning. The apartment should be cleaned prior to move-out, including all: o floors o tubs o sinks o appliances, and o fireplaces. • Carpets should be vacuumed, and trash should be removed. • Damages. There should be no damages to the vinyl floor, carpet, sheetrock or wallpaper, other than items noted upon move-in as preexisting damages on the move-in checklist. © 2014 National Apartment Association Continued on next page 2-66 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-Out Inspection, Continued Document the damage Photographs or videotape should be taken of the residence before and after occupancy to make comparisons and for visual proof. Inspection notes, photos, tapes and other related records should be kept according to state law. In most states, residents have up to four years to sue over security deposit issues but rarely do so after a year. PL 24B • Equipment. Be sure all equipment provided in the unit is accounted for, including items such as: o fireplace key o fireplace grate o fire extinguisher o sink stopper o broiler pans, and o shower rods. E What to look for, (continued) SA M Continued on next page © 2014 National Apartment Association 2-67 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-Out Inspection, Continued Handling items left behind in an apartment 243B When walking an apartment after a resident moves out, do not remove any items from the apartment that were left behind. Some company policies do not allow employees to remove items without a resident’s permission. Follow the steps in the table below to handle items left in an apartment. Step 1 2 Action Immediately contact the resident. Use the table below to complete this step. THEN… ask the resident to fax permission to throw away the items, and throw away the items once the fax has been received. take photographs of the items place a tag on the bag so that the items can quickly be identified, and store the items until the resident can return for them. take photographs of the items make an inventory list of each item place the item(s) in a bag, and send the resident a letter to notify him or her that we are storing the item(s) and will hold them up to 30 days. E IF… the resident tells you the items are trash • PL • the resident tells you he or she wants to return for the items • • • SA M you cannot reach the resident © 2014 National Apartment Association • • • • Continued on next page 2-68 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Move-Out Inspection, Continued Handling items left behind in an apartment, (continued) Step 3 Action Use the table below to complete this step. THEN… • store the items until the resident an return for them, or • throw the item(s) out if the resident says it is trash and faxes you permission. • send another letter 30 days after the move-out to let the resident know the item(s) will be thrown away. E IF the resident… responds to the letter Notes: • Allow the resident a week to contact the office prior to actually throwing the item(s) away. • If the property is not claimed and attempts to contact the resident have failed, the items may be thrown out, donated to charity or sold. SA M PL does not respond to the letter © 2014 National Apartment Association 2-69 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Security Deposit Disposition 40B Applying the security deposit to the last month’s rent 24B Applying the security deposit to the last month’s rent can be a problem since the condition in which the resident will leave the residence is unknown, and market conditions do not always allow the amount of the security deposit to be the same as a full month’s rent. E If the security deposit is used as payment for the last month’s rent, and the residence is left damaged, there will be no money to use on repairs or cleaning. The cost of the repairs will have to be absorbed or the resident will have to be sued. The best policy is to not allow the security deposit to be used for the last month’s rent. This should be in the lease agreement. PL When a resident wants to use a security deposit for last month’s rent, the resident’s non-payment or partial payment of the last month’s rent can be treated as a case of rent non-payment like any other month. When this occurs, the community manager prepares and serves notice to pay rent or quit. If the resident doesn’t pay upon receipt of this notice the appropriate legal steps should follow. Reference: See the Toolbox for a sample Notice of Resident Intent to Terminate (Vacate). SA M Continued on next page © 2014 National Apartment Association 2-70 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Security Deposit Disposition, Continued Basic rules for returning deposits 246B The community manager is allowed to deduct from the security deposit whatever amount is needed to fix damages or restore unpaid rent. Many states have guidelines concerning this procedure. These guidelines vary from state to state, but usually give 30 to 45 days after the resident leaves to return the security deposit. E State security deposit statutes require the manager to send the resident’s entire deposit or a written itemized account describing how the deposit was used for back rent, cleaning or damage repair. This is sent to the resident’s last known forwarding address. Deductions for cleaning and damage 247B PL Promptly returning the security deposit with an itemized list of deductions and why they are necessary helps avoid future disputes with a resident. If there is no money to refund, an itemized list must still be sent. Disputes about the security deposit usually center on the deductions for cleaning and repairing the residence. Charges may be assessed for any cleaning or repairs necessary to make the residence available to rent. However, you should not deduct for the cost of ordinary wear and tear. M Reasonable deductions Cleaning and repairs such as replacing stained or ripped carpets and drapes, fixing damaged furniture, cleaning excessively dirty kitchens and appliances, cleaning bathrooms or eliminating flea infestations. The question comes down to what is wear and tear versus what is the resident’s responsibility. The general rules to follow are: SA • Do not charge for conditions present at move in. • Do not charge for replacing an item when it can be repaired. • Consider the length of the resident’s occupancy. It is difficult to collect for cleaning carpets, drapes and repainting walls when the resident has lived in the residence for more than one year. • Do not charge for cleaning if the resident paid a nonrefundable cleaning fee when he or she moved in. © 2014 National Apartment Association Continued on next page 2-71 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Security Deposit Disposition, Continued • Charge fair prices for repairs and replacements. Security deposits should not be considered a source of revenue. Remember that much of our business depends on word-of-mouth referrals, and if the resident is upset it could potentially affect a positive referral. • All charges deducted should have proper documentation, such as photos and repair receipts. Deductions for cleaning and damage, (continued) Painting Painting, carpets and fixtures are also common areas of disagreement between residents and owners. The general rule is that if a resident has lived in the residence for less than a year, and the walls were freshly painted at that time, then the resident may be charged for the cost of cleaning or painting the walls. If the resident has lived in the residence for more than one year then the residence should be painted at the community’s expense. PL E 301B Rugs and carpets If the carpet was new when the resident moved in then becomes stained and worn within months, it has been subjected to more than normal wear and tear and the resident may be charged for replacement. If the carpet was already worn at move in, and looks worse when the resident moves out, then that may be attributed to normal wear and the resident should not be charged for its replacement. SA M Fixtures Furniture, fixtures or equipment that a resident physically attaches to the apartment are considered the property of the community. Residents are not allowed to remove these items when they move out. To avoid these problems, lease and rental agreements usually state that the resident is not allowed to make any changes to the residence without management consent. Examples of such fixtures include closet organizers, bookshelves or installed light fixtures. Deductions for unpaid rent 248B Unpaid rent and utility charges can be deducted from a residents’ security deposit. The following are common reasons for deductions from deposit. Unpaid rent When resident is behind on rent the community manager can deduct what is owed from the security deposit at the time the resident moves out. Using the deposit for unpaid rent during the tenancy is not recommended since there are other collection methods available while the resident dwells in the apartment home. Continued on next page © 2014 National Apartment Association 2-72 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Security Deposit Disposition, Continued Deductions for unpaid rent, (continued) Extended stay The resident stays after the move out date. The rent can be prorated for the number of days the resident stayed and deducted from the security deposit. E Inadequate notice Notice of less than 30 or 60 days, depending on the notice requirements in the lease, may require the resident to pay the full amount of rent for the balance of the notice period. If the apartment is re-rented during the notice period, most states will not allow charging the old resident for the period of occupancy by the new resident. PL Fixed-term lease If the resident moves before this type of lease has expired, the community may legally be entitled to the balance of the rent due under the lease, less any rent received for that period by the new residents. A termination fee (“buying out the lease”) may be allowed by the lease agreement, but such a lease agreement should be approved by company counsel and comply with local and state law. M Evictions In many states, a money judgment will be issued after a court eviction, and the resident is ordered to pay rent through the date of the judgment. This allows the community manager to subtract from the security deposit the amount of the judgment and prorated rent from the date of the judgment to the time the resident actually leaves. SA Deductions for damages and cleaning should be taken out of the security deposit first before anything else is deducted. The money entitled the community in the judgment can be collected through garnishing the resident’s paycheck in some states and other means, but damages and cleaning costs can sometimes only be received through the security deposit unless a separate court action is taken to collect them. Timeframe for return 249B Security deposit refunds should be processed in a timely manner – within 5 – 10 days of move-out – so that state law requirements are met. Most states require security deposit refunds or an explanation of charges against the deposit within 21 – 45 days. Some states require even earlier notice if any portion of the security deposit is being held. Continued on next page © 2014 National Apartment Association 2-73 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Security Deposit Disposition, Continued Interest on security deposits 250B State law will determine if you are required to deposit the security deposit into an interest bearing account, and refund the resident the deposit (minus cleaning costs) plus interest. Also, localities may also require interest if the state does not. SA M • PL E Here is a list of states that, as of 2009, require interest be paid on security deposits. • CT • DC • IL (to owners with 25 or more units) • MD • MA • MN • NH • NJ • NM • NY state • ND • OH • PA • VA © 2014 National Apartment Association 2-74 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Renewal 41B When to begin thinking about renewals 251B To retain occupancy levels and reduce administrative, operating and leasing costs, the manager should take a very pro-active approach to lease renewals. Approximately 120 days in advance of the lease expiration, review upcoming renewal opportunities. Various software programs will allow the property to see: what leases are expiring how long the resident has lived at the property, what the current market value of the apartment is, and what the current lease rate is. PL • • • • E How software can help 25B These numbers help a great deal as the manager begins to prepare rental renewal letters. Determining rent increases Most companies have policies about how rent increases are passed on to current residents and what types of lease renewal packages can be offered. In any market, the value of a current resident is significant. The cost in turnover of losing that resident can make a significant impact on your property’s performance. SA 253B M Reference: Sample manual reports have been included for you. See the Toolbox for the sample Lease and Renewal Listing and Apartments Available to Lease Report. Rental increases should reflect market conditions and the property budget. Evaluate the resident’s current rent to determine the net effective rent (the rent actually being paid after concessions, if any.) Example: A lease that has an $800 per month rent with one month free is an effective rent of $733 per month (800 ÷ 12 = $67 per month off the rent). © 2014 National Apartment Association Continued on next page 2-75 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Renewal, Continued Other factors to consider 254B Other factors to consider include: • • • • current market rent on the resident’s unit current occupancy on that unit type the difference between market rent and effective rent the size of a potential increase in percentage (3%) and absolute dollar terms (e.g., $25 per month). Residents should be reminded of their lease expiration date and invited to renew their lease in writing at least 90 days in advance of the lease expiration date. PL Send a renewal invitation letter 25B E Rents at the property’s closest competitors must also enter into renewal pricing considerations. Written notification of a rent increase is in the lease and may be required by law, so this information needs to be included in the letter as well. Customer service opportunity While a written letter is provided to the resident, lease renewal time offers an opportunity to personally contact a resident about renewing a lease, particularly if there will be a rent increase. This is a good opportunity to reinforce friendly relationships, resolve problems, and perhaps change a resident’s mind about moving out. SA 256B M Residents may not be thinking about renewal this far in advance, but due to the 60-day notice requirement, it is important to work with residents this early. Follow up quickly 257B Be sure to follow up quickly and actively work at your lease renewals. A follow-up call should be made within five (5) days of the mailing of the letter to answer any questions that the resident may have regarding their renewal. © 2014 National Apartment Association Continued on next page 2-76 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Renewal, Continued Be prepared for objections 258B Be prepared to handle objections. Know the facts on the cost of moving. The cost of moving can far exceed the cost of an increase in rent. Educate the resident about moving costs such as: • new deposits • moving and/or storage costs, and • address changes. 65 days prior to lease expiration Send a lease renewal letter to any residents who have not yet committed to renewing their lease 65 days prior to the lease expiration date. This letter should outline the rate and lease term options. E Suggestions for handling uncommitted residents 259B PL 30 – 60 days prior to lease expiration Call any resident who has not committed to lease renewal, or given notice, 30-60 days before the lease expiration date. M 30 days prior to lease expiration If you still have not received a commitment from a resident 30 days prior to the lease expiration, send a new lease agreement to the resident’s apartment. Call the resident to follow up and confirm either the renewal or the notice to move. SA 5 days prior to lease expiration Five (5) days prior to the lease expiration, send a Month-to-Month renewal letter to the resident. Non-renewals 260B The resident or the apartment management may determine that the lease will not be renewed. Reference: See the topic “Lease Termination” in this chapter for information about handling non-renewals. © 2014 National Apartment Association 2-77 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Lease Termination 42B Legal reasons to terminate a lease 261B You are not required to renew the lease of every resident. If the resident’s occupancy has been problematic, you can refuse to renew the lease. E • Violation of rental agreement terms such as: o Non-payment of rent. o Keeping a pet in violation of a no-pets clause. o The addition of an unauthorized resident. o Subleasing or assigning without permission. o Misuse/illegal use of premises. • Providing false information on the rental application or lease. If at any point you do not want to renew a resident’s lease, send a nonrenewal letter stating the reasons for this action although some states do not require a reason. Holdovers Some residents do not move out when their lease has expired. Residents who do not leave at the expiration of their lease term are called “holdovers.” 263B PL When you do not want to renew a lease 26B There are three (3) possible ways you can deal with holdovers: SA M • Renew the resident under the terms of the previous lease. • File court papers for possession of the apartment. • Offer the resident a shorter term or month-to-month lease. Some companies have policies limiting the number of month-to-month leases as a percentage of the total number of units on the property. © 2014 National Apartment Association 2-78 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Evictions 43B Be aware of legal guidelines 264B It cannot be emphasized enough that it is the responsibility of each community manager to investigate, understand and uphold the statutes of law that apply to their individual states as well as applicable federal or local laws such as rent control or “just cause” ordinances. Look to your state and local apartment association for valuable resources on legal guidelines. Many offer a packet of information for your community’s use. If you are unsure about any actions, confer with legal counsel first. Regardless of the cause, residents have the legal right to an appropriate notice of eviction. That means you must provide the resident with the proper legal of notice and reason for the eviction. E Eviction notices 265B PL Reference: See the Toolbox for a sample Eviction Notice. M A month-to-month lease may be terminated by simply giving the proper amount of notice (usually 30 days but this varies by state). In this case, a reason is typically not required. However, if a resident has violated the lease agreement and you want them out sooner, you must provide the appropriate notice depending on the reason you want to terminate the lease. Because the laws vary by state, be sure you are familiar with the types of notices required in your state. It is recommended that you consult an attorney in this case. The three (3) types of eviction notices that are common among most states are: SA • Pay rent or quit notice • Cure or quit notice, and • Unconditional quit notice. Pay rent or quit notice This notice is used when the resident has not paid rent. It gives the resident a fixed period of time within which to pay rent (usually three to five days but this varies by state) or move out. Cure or quit notice This notice is used when a resident is in violation of a certain condition of the lease. For instance, if a resident has a pet when the lease clearly states “no pets,” then you may issue a cure or quit notice informing the resident that he has a set period of time in which to correct the violation or face eviction. 26B 267B Continued on next page © 2014 National Apartment Association 2-79 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Evictions, Continued Unconditional quit notices 268B This is used to inform the resident that she/he must vacate the premises without an opportunity to pay rent or correct any violation. This, the harshest notice, is only allowed in most states when the resident has repeatedly: Steps to an eviction An eviction can be a difficult process. The first step is to provide the resident with the appropriate notice. But occasionally, a resident may not comply with the notice. In this case, there are steps you can take to pursue a legal eviction. PL 269B violated a lease condition been frequently late with the rent seriously damaged the premises engaged in illegal activity, and/or presents an immediate danger to the property or other residents. E • • • • • M • File a complaint with the court, listing the facts justifying the eviction. • Gather evidence in the form of photographs, letters and documents. • In some states, the resident then files an Answer document which will likely either dispute your claims or offer “good legal reasons” for the violations. • Many cases are resolved before going to trial. However, if the resident remains on the premises and you were unable to negotiate a settlement, the case would then go to a hearing or trial. • A judge typically decides the eviction lawsuit immediately after hearing a case. SA Even when you win an eviction lawsuit, you still cannot move a resident’s belongings outside. Instead, you must give the judgment to local law enforcement officials. They will give the resident notice of physical removal if he remains on the premises after a given period of time (usually a couple of days). Illegal “selfhelp” evictions 270B Because legal evictions take time, some owners may be tempted to take matters into their own hands to encourage a resident to move out more quickly. For example, you might want to change the locks, have essential utilities turned off or even threaten the resident in an attempt to get him to leave. Continued on next page © 2014 National Apartment Association 2-80 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Evictions, Continued Illegal “selfhelp” evictions, (continued) In some states, these acts are illegal and leave you open to a lawsuit. If a resident sues you over a “self-help” eviction, the fact that the resident did not pay rent or damaged your facilities is not an excuse. You will likely lose the suit and end up spending more on fines than you would have if you had pursued a legal lawsuit in the first place. In some states, you can even face criminal prosecution such as Connecticut, where you can be charged with a misdemeanor. SA M PL E Reference: See the Legal Aspects & Responsibilities Reference Guide for additional information. © 2014 National Apartment Association 2-81 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Chapter 3: Property Management Systems 3B Chapter Overview 4B In this chapter 271B The table below lists the topics in this chapter. See Page 3-2 3-3 3-11 3-12 SA M PL E Topic Advantages Types of Property Management Systems Types of Technology for Residents Property Management Software Support © 2014 National Apartment Association 3-1 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Advantages 45B The purpose of computerizing your property operations is to speed up property management processes so personnel can focus on leasing and resident service and retention. Real-time reporting Apartment managers have instantaneous access to relevant information about their properties and markets. Site level information Using technology, property managers have access to site-level information such as: 273B 274B E How can technology help CAMs 27B Portfolio level (consolidated) 275B PL • reports, including accounts receivable, leasing, occupancy, management, resident retention, and prospect management • customized views • customized reports, and • data history. Portfolio level information: SA M • provides instantaneous access to highly relevant information from all the properties in a portfolio or within the entire company, and • consolidates data from property management operations with marketing, accounting, and financial back-office systems. © 2014 National Apartment Association 3-2 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems 46B • • • • • • • Billing management services 27B leasing occupancy screening rent collection facilities maintenance accounting, and purchasing. E Web-based, browser-based or Windows-based property management software provides a centralized location for data where apartment managers, as well as corporate personnel, can instantly access information on: Billing management can be handled at the site level. Property management companies can bill and collect for utility services (for example, water and trash services) not paid directly to the provider by the resident. PL Property management 276B Improving the bottom line Billing management services can help improve the bottom line by: recapturing income lost through inefficient billing practices reducing energy/water consumption eliminating substandard meters that cost money reducing billing costs with the simplicity of an “all-in-one” bill, and getting payments to properties faster. M • • • • • SA Improving resident service Billing management services can help improve resident service by: • combining all resident charges on a single, convergent bill • recapturing the hours that staff now spends on billing, collections, and move-outs • maximizing and accelerating resident utility collections, and • sending monthly messages to residents. Built-in utility charge calculations Billing management services offer built-in utility charge calculations, such as: • RUBS (Ratio Utility Billing System) water and energy charges • sub-metered or allocated water and energy meter-reading and charge calculations Continued on next page © 2014 National Apartment Association 3-3 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems, Continued Billing management services, (continued) Revenue/Yield management Yield/revenue management systems use detailed past and present data to forecast key variables like supply, demand, and economics to make pricing decisions based on current and future market conditions. Software can offer optimal terms for any possible unit, lease term and move-in date allowing flexible terms that work best for both the community and the resident. Computers evaluate every data point to make pricing decisions and calculate ideal rent by managing the weight of each data point rather than by intuition or perception. Human error and/or possible fair housing violations are minimized and staff can focus more on customer service. PL E 278B • other utility fees (for example, trash pickup), and • vacant unit cost recovery for electric service. SA M Factors analyzed: • unit availability • competitive influences • current and historical lease activity • move in dates • current market dynamics • lease duration • projected demand • how long units have been available • likelihood of resident renewal • possibility of economic strengthening or continued decline Make ready and maintenance management 279B Apartment managers have instant access to information, allowing sites to speed up the process of servicing resident requests, expediting the makeready process, and regularly scheduling routine preventive maintenance to keep properties running in top form. Mobile work orders/Pocket PCs Equipping maintenance staff with Pocket PC devices that store daily service requests helps them stay in the field more and in the office less. This equates to higher technician efficiency and utilization, and more importantly, satisfied residents because issues are responded to in a more timely manner. Continued on next page © 2014 National Apartment Association 3-4 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems, Continued Make ready and maintenance management, (continued) Maintenance analysis reports Instant access to maintenance reports helps management know which maintenance technicians are performing at the highest efficiency and are the most utilized. The reports also identify other personnel that may need additional training in certain maintenance areas, based on their service request completion times or rework percentages. The Internet has become the number one resource for marketing and advertising the community. As more people go online for information about apartment communities, it’s a necessity for properties to have a presence on the Web. PL Community Web pages 280B E Spanish capability Providing a Spanish version of mobile service requests allows Spanishspeaking maintenance staff to perform their jobs with comfort and ease. It allows them to use their primary language to perform their jobs and minimizes the communication gap of having site management translate everything or train them in how to use the application. M Standard components The Web site should be simple, functional, and easy to use. Not all computers have the software programs to run the “sizzle” that some Web designers may want to provide. Avoid trying to provide too much. SA A basic Web site for a community should include: • templates and color schemes that brand the property • unit level rents and availability information • lists of amenities • photographs • floor plan images • site plans • maps with directions • guest cards, and • links to Internet Listing Services. © 2014 National Apartment Association Continued on next page 3-5 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems, Continued Community Web pages, (continued) Advanced features An increasing number of apartment communities have advanced features such as: Resident portal A resident portal can make residents feel as if they are truly a part of the community—a big factor in retaining them. Residents have choices and these tools can provide improved service satisfaction. Resident portals free onsite personnel from some cumbersome paperwork, increase resident retention, and give prospective residents, another avenue to your community. The resident portal can be used to: • create an online service request as well as check on its status • make an online rent payment • post newsletters • post announcements • post policies, and • allow residents to reserve rooms/facilities. • Communicate on line Online leasing reservations Using the Internet, potential residents can access the following functions to reserve apartments online. SA 28B M PL 281B real time pricing and availability online leasing online rent payment, and online service requests. Video tours of the community E • • • • • • Fill out a guest card online with the prospective resident’s preferences, such as move-in date, price range, number of occupants, and number of bedrooms. • Identify an available unit with the right amenities, price and lease terms • Complete the lease application. • View special offers at the point of lease and pay application fees. • Submit a credit application for processing. When it has been completed, the electronic information can be processed through a screening vendor. Once the prospect has passed the screening requirements, all that is left to do is sign the lease, pay the necessary deposits and fees, and pick up the keys. Continued on next page © 2014 National Apartment Association 3-6 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems, Continued Call center 283B Calls to the leasing office, whether resident service requests or prospect inquiries, may be handled by the on-site leasing staff. Surveys indicate that more than 30% of phone calls are missed because the staff was just too busy to answer the calls – or the call came in after business hours. Other survey results indicated that the leasing professional asked for an appointment with only 61% of qualified callers and only 23% resulted in a specific appointment. E A call center, staffed by highly trained apartment leasing professionals who receive on going training for their job responsibilities, can provide critical backup to on-site leasing professionals. A call center: The “Professional Apartment Management” newsletter suggests that you ask the following questions before hiring a call center. • What training do call center employees receive and what experience do they have? • How are call center employees paid? Do they receive straight salary or are incentives available? • What monitoring systems are in place to track employee performance at the call centers? • Is the call center able to answer e-mail inquiries and in a timely manner? • Does the call center have the capability to provide guest card information to your community’s property management software? Can it send the information to your leasing office electronically? • Are all phone calls into the call center recorded and available for review? • Can various advertising methods used to drive traffic be tracked and reported using individual toll-free numbers? • How will the call center go about learning information about your community so that the same quality of information available onsite is part of their knowledge? • Does the call center have the interface capability with your property management software to get current, real time availability information. • Do call center employees receive fair housing training? Continued on next page SA M Questions to ask before hiring a call center 284B PL • works as an extension to your existing leasing staff • creates the impression for a prospect that the call was answered directly by a leasing professional in the community’s leasing office • helps capture prospective leads and converts more of those into leases, and • schedules appointments for the prospect to visit the community. © 2014 National Apartment Association 3-7 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems, Continued Purchasing 285B Apartment managers can enter purchase orders, manage them against budget approved invoices at the site, and associate those invoices with purchase orders. This technology also allows site personnel to automatically transmit approved invoices to a central accounts payable system. With a purchasing system, apartment managers can: E easily track purchase orders implement a purchase approval system automate approver notification set up online supplier catalogs control inventory manage budget limits, and import vendor lists from the company’s accounts payable system. PL • • • • • • • Online catalogs Some companies have taken electronic purchasing to the next level by using an electronic catalog for company-wide purchasing to reduce the amount of time needed for invoice processing. Smoother invoice processing saves time and money. It also ends the possibility of purchasing from vendors not approved by the company. SA M The online catalog ties into the company accounting system and allows the management company to know who is buying what, when, from whom, and how much. The value of such a system is the ability to track spending trends, enforce buying policy compliance, and improve strategic decision making capability. Electronic payments 286B Apartment managers may want to offer alternative ways for residents to pay rent, and to receive payment more quickly. ACH The Automated Clearing House (ACH) network is a processing and delivery system that provides for the distribution and settlement of electronic credits and debits among financial institutions. Through a nationwide telecommunications network, each ACH operator is able to communicate with other ACH operators to exchange entries quickly and efficiently, regardless of geographic distances involved. Continued on next page © 2014 National Apartment Association 3-8 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems, Continued Electronic payments, (continued) The ACH network is governed by operating rules and guidelines and offers an assortment of technical formats that can be used for a variety of payment applications. E Credit card Bank cards may be a credit card or debit card and, in some cases, both. Bank credit cards are generally issued by a financial institution under license by a national credit card organization. Credit cards are not true payment instruments because they do not result in a direct transfer of funds from the payer to the payee. Practical experience to date indicates that residents are using credit cards where accepted for one-time events, rather than monthly rent, such as security deposits and initial fees like application and administrative fees. M PL Some owners feel that accepting cards is a competitive advantage even with a low usage rate. They believe automatic rent payments with credit cards provide more efficient cost savings in time and manpower spent on check processing. However, a recent survey by ApartmentGuide.com ranked acceptance of credit card payments for rent as at the bottom of the list of the most important amenities for future residents. Reputation of the community, laundry facilities, proximity to employment, cable or satellite TV, floor plan variety, high speed Internet, professional landscaping, swimming pool(s), and pet policies all ranked as more important in the minds of potential residents. Reward points are more important to the high-end renter. SA The most important detriment to the use of credit cards is that residents are often charged a transaction fee. Some owners absorb this cost as a competitive offering in the marketplace. Check 21 The Check Clearing for the 21st Century Act (Check 21) was signed into law on October 28, 2004. Check 21 legalizes a new negotiable document that includes an image of the front and back of the original paper check. This substitute check also referred to as an Image Replacement Document (IRD) can be processed in the same manner as the original check and is considered its legal equivalent. Continued on next page © 2014 National Apartment Association 3-9 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Property Management Systems, Continued Screening applicants 287B Apartment managers and prospects no longer have to wait days for a credit report. With the Internet, instant results are available in most cases, allowing the leasing process to proceed more quickly. Instant credit checks A combination of credit bureau, eviction, rental and check writing history is scored using a screening company’s empirical scoring system providing an almost instantaneous rental decision based on the apartment community’s unique selection criteria. Additional information • The Toolbox section of this manual contains a sample corporate technology policy which may be helpful. SA M 28B PL E Instant criminal checks Instant access to criminal data is available. These criminal checks include both statewide and county-level searches where the applicant has previously resided. In addition, searches for terrorists and most wanted fugitive names, aliases, sex offenders and dates of birth can be conducted from several federal agency databases, including the FBI, the Department of the Treasury, the U.S. Customs Service, the Secret Service, and the Office of Foreign Assets Control (OFAC). © 2014 National Apartment Association 3-10 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Types of Technology for Residents 47B Business centers 289B As an amenity, a business center is a great marketing tool. Most communities can equip a vacant apartment home relatively easily and add the center as a competitive advantage. Some communities have business centers adjacent to clubhouses or near the front office. Residents could use a business center in the following ways: e-mail friends or family fax or receive documents conduct research on the Internet make copies of documents, and complete small work-related projects. E • • • • • Consider offering wireless Internet in the following locations: M Wireless Internet 290B PL A business center is akin to a small office for residents and could contain: • computers • laser printers • copy machines • Internet access • fax machines, and • other equipment associated with conducting business. clubhouse lobby pool, and business center. SA • • • • © 2014 National Apartment Association 3-11 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Property Management Software Support 48B Migration 291B Software Support Providers are responsible for assisting property management companies in converting data from their existing historical systems to new systems. Implementation 29B PL E • Clients use automation aids that have been developed to facilitate the conversion process. • Implementation service representatives collect marketing materials for each site and coordinate loading data into the system. • Implementation services are measured by the: o quantity of sites deployed each month o the mean time from scheduling until completion, and o the number of post implementation escalated service requests related to implementation issues. Software Support Providers will help property management companies configure business models to meet their individual needs and provide overall project management and coordination. They will help: Support 293B M • configure software per your business policy decisions • establish property level settings, and • convert historical data. Software Support Providers will provide property management companies with support during and after the implementation of a new system. Typically, support will be offered in one of two ways: SA • telephone support, and • online support. © 2014 National Apartment Association 3-12 Certified Apartment ManagerSM Reference Guide SA M PL E Management of Residential Issues © 2014 National Apartment Association 3-13 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Toolbox Overview In this toolbox The table below shows the items included in this Toolbox. See Page Toolbox-2 Toolbox-3 Toolbox-5 Toolbox-6 Toolbox-7 Toolbox-9 Toolbox-10 Toolbox-11 SA M PL E Topic Sample Service Request Form Move-Out/Move-In Checklist Resident Processing Checklist Sample Notice of Crime Incident Letter Sample Notice of Resident Intent to Terminate (Vacate) Lease and Renewal Listing Apartments Available to Lease Report Sample Eviction Notice © 2014 National Apartment Association Toolbox-1 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Sample Service Request Form Enclave Buckhorn Crossing – Leasing [email protected] Friday, December 6, 2013 11:20 AM [email protected] Enclave at Buckhorn Crossing Service Request Form SA M Sender’s IP address [Resident name] [email protected] (xxx) xxx-xxxx 211 Phone Having problems with AC. Has not been working properly the past 2 days. Seems like the AC might be freezing. 76.233.26.117 E Name Email Phone Unit Contact method Message PL From: Sent: To: Subject: © 2014 National Apartment Association Toolbox-2 Certified Apartment ManagerSM Participant Guide Management of Residential Issues SA M PL E Move-Out/Move-In Checklist Continued on next page © 2014 National Apartment Association Toolbox-3 Certified Apartment ManagerSM Participant Guide Management of Residential Issues SA M PL E Move-Out/Move-In Checklist, Continued © 2014 National Apartment Association Toolbox-4 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Resident Processing Checklist Sample checklist The following is a sample of a Resident Processing checklist. PL E Resident’s Name: Today’s Date: Apt. # Bldg. # Move-in Date: Leased by: Additional deposit for pet $ Security deposit $ Amount of Re-letting fee $ Pro-rated rent $ / I. When the prospect agrees to join the apartment community, the following must occur: (Initials/Date) A. Application prepared. B. Application completed by applicant(s) and signed by all parties. Leasing Professional verified government issued photo ID information on the C. $ Nonrefundable application processing fee collected. Application deposit and/or earnest money collected. D. $ E. $ “Welcome Card” with move-in instructions given to resident concerning utilities. F. If resident was referred by a locator service, “Authorization For Payment of Locator Service Form” completed and placed in file. G. Lease recorded on: Apartments Available to Lease Form Make Ready Board Leasing Activity Board / II. Application processed and verified. / III. Application verification reviewed by Supervisor. The status of the applicant is: Approved M Approved with co-signer Rejected because: Resident contacted regarding results of application. Appointment was scheduled for them to sign their lease on: Lease and all applicable addenda properly and accurately typed. Lease Contract Pet Addendum Lease Addendum Family Addendum Alarm Addendum Rolodex made Name tag made for mailbox_ _____ Other addendums and agreements One day prior to move-in: Apartment walked to verify market-ready. If not ready, service request submitted to maintenance department concerning make-ready. M/I Inventory report typed. Welcome note and gift placed in apartment. Day of move-in: All applicable papers explained, signed and initialed by resident(s) and professional. All copies of paperwork given to resident. Mailbox tag and security numbers given to resident. Collected full amount of security deposit. Collected rent. Resident called the day after move-in to verify everything in the apartment was satisfactory. Manager reviewed completed file to verify all of the above was completed prior to filing in active residents file cabinet. IV. / V. SA / / VI. / VII. / VIII. / IX. © 2014 National Apartment Association Toolbox-5 Certified Apartment ManagerSM Participant Guide Management of Residential Issues Sample Notice of Crime Incident Letter DATE To the residents of the xxxxxxxxx Apartments, PL E We wanted you to be aware of an increase in criminal activity at our property. Over the last several weeks we have had several reports of auto break-ins and, more recently, threatened assaults of drivers exiting their vehicles. These incidents are occurring during both daylight and evening hours. The police have been notified and affected individuals have filed police reports. We wanted you to be aware of this criminal activity on our property and remind you to always take whatever precautions you feel are necessary to ensure the safety of yourself, your family, friends and possessions. M We urge you, your family, co-residents, occupants and visitors to be as careful as possible for your own safety and security. If a crime is suspected or occurring or even if suspicious persons are spotted on the property, you need to contact the police immediately by calling 911. Failure to do so could result in crucial delays. After first notifying the local law enforcement authorities, you should then contact our management office. SA No one can ensure your safety. Please remember that your security is your responsibility and that of the local law enforcement agencies. Sincerely, Ima Cam Property Manager Hand delivered on Thursday, DATE © 2014 National Apartment Association Toolbox-6 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Sample Notice of Resident Intent to Terminate (Vacate) NOTICE OF INTENT TO VACATE COMMUNITY: E LEASE EXPIRATION: Name of Resident(s): PL ADDRESS: I/we will be vacating the above named premises on Need Larger Apartment Renting a House Need Smaller Apartment Buying a House Financial Reasons M Job Transfer Rent Increase for the following reason: Management/Maintenance Related Other (please explain below) SA Please Explain The date given above is the date in which my residency will be terminated. Any and all keys are to be returned to the Business Office of Apartments located at by midnight of the date above. I further understand that the giving of this notice: Is A Breach of Lease Is Not A Breach of Lease and does not relieve me of any liability that I may have under my present lease. I understand the penalties involved if my present lease agreement is terminated before it expires. © 2014 National Apartment Association Toolbox-7 Certified Apartment ManagerSM Reference Guide Management of Residential Issues My security deposit refund (less any charges, if applicable) and/or final statement should be forwarded to: NAME: E ADDRESS: SA M PL CITY/STATE/ZIP: © 2014 National Apartment Association Toolbox-8 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Renewal Date Apt. No. Resident Name Unit Type Monthly Rent MI Date Term of Lease Application Status Bonus Amount Date Bonus Paid SA M PL Lease Date E Lease and Renewal Listing © 2014 National Apartment Association Toolbox-9 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Apartments Available to Lease Report Community: Week Beginning: Floor. Rent/Mo. MO Date MI Date App Status New Resident Name Market Ready Amenities E Apt. PL Unit Type M For organizational purposes, all units have been listed by floor plan type starting with the smallest floor plan. An explanation of each column follows: SA Unit Type Floor plan code Apt. # Apartment number Floor Floor on which unit is located Monthly Rent Rental rate for new resident MO Date Date current resident is scheduled to move out or date unit was vacated MI Date Date new resident is scheduled to move in App Status Status of application: A – Approved R – Rejected P – Pending Lease New Resident’s Name Name of new resident Market Ready Unit ready for move in or showing Amenities Special features (fireplace, etc.) C – Cancelled Note: This report should be revised every week by updating new activity and deleting completed activity. © 2014 National Apartment Association Toolbox-10 Certified Apartment ManagerSM Reference Guide Management of Residential Issues Sample Eviction Notice NOTICE OF TERMINATION OF RESIDENCY DATE: TO: E (Address) M PL You are advised that your residency is terminated effective immediately. This notice is authorized by section (Section Number) of (State) statutes. You shall have seven (7) days from delivery of this notice to vacate the premises. This action is taken because: (List specific lease violation) SA We will retake possession for your account in the event you vacate or are evicted. You will be held liable for past due rent and future rent due under the full term of your rental agreement, any charges due under the terms of your rental agreement, damages to the premises, attorneys’ fees and court costs minus any rent received from re-renting the premises. _______________________________________ Owner/Agent Signature and Printed Name _______________________________________ Property/Company Name _______________________________________ Property/Company Address _______________________________________ Telephone Number © 2014 National Apartment Association Toolbox-11 NAAEI thanks you for taking the Certified Apartment Manager (CAM) program. Supplement/Resource Materials CAM Skill Checks and Answer Key Additional Course Handouts PL • • • E Following is a list of items that you may find on the NAA Web site that may not be included in the program text that is to be used for your reference while taking the courses in this program: M These files may be downloaded from the NAA Web site by visiting: SA www.naahq.org/education/CandidatesOnly E PL M SA E PL M SA 4300 Wilson Blvd., Suite 400 Arlington, VA 22203 703/518-6141 Fax 703/248-8370 [email protected] www.naahq.org
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