By
Anne Rand
© 3/93 & 11/99 Foreclosure
News of NJ, Inc.
Distressed
properties or foreclosure properties
are ideal candidates for investments.
Why? The ability to buy the property
at 30% to 60% below the original sales
price ensures a positive cash flow
from rental income and future appreciation.
What
kind of properties should you consider
for investment? While an executive
home may be offered at a bargain price
at foreclosure, how many people can
afford $5,000 a month to rent a $500,000
home? Not many, and those who can
would probably buy it themselves.
The 100 unit apartment complex is
a large jump to take for a inexperienced
landlord. It will require more money,
time and effort to secure the deal
and manage the property. This leaves
us with the multifamily and single
family homes. This is the ideal category
for the first time investor or the
experienced investor to add to their
portfolio. This is the "bread
and butter" category. The home
a new family can afford to rent.
While
the steps for buying foreclosed properties
as investments are the same as the
steps to buying foreclosures, there
are some additional considerations.
The location you target should have
a small supply of rentals and show
signs of increased demand and economic
growth. Before targeting the area,
investigate the available apartments
or homes as a prospective tenant.
Use the newspapers and real estate
brokers to determine the prevailing
rents and the amenities included.
Find out the demand for rentals and
the vacancy rates. Find out if there
are seasonal variations. Determine
if you can purchase a foreclosure
property to rent and be competitive
with other rentals in the area.
While
you should be comfortable with the
area you have selected, evaluate the
location from the perspective of your
typical renter. You may enjoy the
peace and quiet of a secluded home
in the country but a young family
may desire proximity to work, daycare,
shopping, recreation and entertainment.
Before
you jump in consider your own temperament!
Are you really ready for T&T (toilets
and tenants)? Are you willing to have
the phone ring at 3:00 am with a tenant
screaming about a toilet overflowing?
Are you willing to take the time to
properly screen your tenants, manage
the property and perform repairs?
Do you have the skills to make minor
repairs yourself or will you hire
professionals? Who will collect the
rent? Are you willing to take delinquent
tenants to court? Do you know the
tenant and landlord code so you can
take the necessary steps to protect
your interests? The laws are written
to protect the tenant, sometimes at
the landlords expense.
THE
LANDLORD TENANT LAW APPLIES TO MOST
SMALL INVESTORS
The
Rent Security Deposit Act specifies
you keep a tenants deposit (no more
then 1.5 times the monthly rent) in
an interest bearing account. The landlord
must provide the tenant, in writing
within 30 days, the name and address
of the bank where the deposit is held.
If the landlord does not provide this
notice or does not deposit the funds
in the institution specified, the
landlord loses the right to hold the
deposit and the tenant can use the
deposit to pay the rent. The landlord
can not ask for an additional deposit
and will not be protected for damage
or repairs.
New
Jersey's Landlord Registration Act
states you must register in the town
where the property is located. You
must provide your name and address
and the telephone number of someone
who can be reached at anytime and
is responsible for emergency repairs
and receiving complaints from tenants.
You must display this information
at the property and provide the information
in writing to each tenant. If you
do not comply with this law, the court
can refuse to enter a judgment for
possession against a tenant you take
to court for eviction or non-payment
of rent.
The
landlord must provide safe housing
by providing locks on doors and windows.
Without adequate locks, the landlord
can be held responsible for any injuries
or losses suffered as a result of
a break-in. The law requires the landlord
to make the necessary improvements
to make the apartments insurable.
As
a landlord, you must make sure every
tenant respects other tenants rights.
If a tenant plays laud music and other
tenants complain, the landlord is
responsible for making the tenant
stop playing the music laud.
Approximately
160 municipalities enforce rent controls
regarding rental amounts. Elsewhere,
an enforceable rent increase notice
must be in proper legal form. It must
be provided 30 days before the increase
takes effect. The amount must not
be unconscionable or effective prior
to the end of the current lease. A
rent increase as small as 5% can be
unconscionable when a building is
in need of repair. A rent increase
can be challenged, if the tenant believes
it is retaliatory for complaining
to a building inspector or belonging
to a tenant association etc.
There
are 16 grounds for eviction in New
Jersey. The landlord must provide
specifically worded notices before
exercising his right to evict a tenant.
For example, a notice to cease must
tell the tenant the specific action
to stop (i.e. late rent payments,
disorderly conduct, violating rules
and lease agreements etc.) and if
the action stops eviction will be
avoided. If the tenant does not stop
the action, the notice to quit must
follow the notice to cease. The behavior
complained about must be the same
in both letters. Depending on the
reason cited, from 3 days to 18 months
notice must be included in the notice
to quit before the landlord can proceed
with eviction. A landlord who files
a complaint with the court before
the legally mandated notice date can
have the complaint dismissed. After
the judge agrees to eviction, a tenant
can request a Hardship Stay, for up
to 6 months.
The
Just Cause for Eviction Act and other
landlord/tenant laws, apply to single
family homes, apartments and mobile
homes. They DO NOT apply to houses
with three or fewer apartments where
the owner lives in one of the apartments.
While
there are many rewards to being a
landlord, it is not "easy money".
Being a good landlord means providing
a safe and enjoyable environment where
tenants will respect and care for
the property.
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