Below are common legal questions that may be asked. If you do not see what you are looking for please feel free to contact us and we would be happy to assist you.
Q: What is Fair Housing and do you abide?
Ignorance of federal Fair Housing law does not excuse improper behavior. We have a responsibility to treat everyone equally:
At FBS we rent your homes to rental residents without regard to:
Further, we establish reasonable standards with you in order to stay within Fair Housing guidelines:
Our experience and business practices help protect you against Fair Housing lawsuits, which can be very costly. Fair Housing cases can include both punitive and civil damages as well as attorney fees and your defense costs. Our pledge is to protect your investment by following local and federal Fair Housing laws.
Q: Can a “bad” resident be evicted?
A: First, we must clarify what is a “bad” resident. Are they always late on paying rent, are they damaging the premise, are they a nuisance to neighbors, are they violating any laws?
If they are not paying rent, period, we will exhaust all efforts to connect with them to ascertain the reason for the non-payment and if nothing can be determined, we will begin the unlawful detainer action (eviction).
First, the resident is given a 3-day notice to pay or quit, if the resident doesn’t pay, then the action will be filed with the courts. Note; if any amount of money is accepted from the resident during that 3 day period or filing period, the process must start over again, so do not accept any funds if sent directly to you instead of FBS.
The resident is contacted through the Sheriff’s office that an Unlawful Detainer action has been filed against him/her and he/she is given the following options: Pay the rent or file an answer to the claim; requesting a day in court. The residents answer can be no answer, which is often used to buy time or a lengthy answer of why they refuse to pay can be filed.
Our attorney will prepare the case for the landlord/ FBS. All attorney fees, court costs and filing fees are additional costs to the owner. If the tenant is not able to convince the judge as to why they shouldn’t have to pay, the court will order “a right to possession” and calendar a Sheriff’s lockout date, which is generally 5 to 7 days after the court date. On that date, an FBS representative will be required to meet the Sheriff at your property to physically take possession and lock the tenant out.
Generally the process takes 6-8 weeks and we will handle all the details without much of your involvement. Often the tenant will abandon your property during the process. Though we avoid eviction if we can; we maintain a clear business focus to minimize your financial loss.
If they are paying late; we will attempt to communicate with them to determine the reasoning for the tardy rent payments and give them options to get caught up and stay caught up. If they cannot get on track with timely payments, we will generally suggest terminating their tenancy at the end of the lease term. Our experience tells us that at some point in the near future they will stop paying and an expensive eviction will be necessary.
If they are damaging the property; we will determine what type of damage is being caused and either require the resident to pay for the repairs immediately and stop future damages from occurring or terminate their tenancy at the end of the lease term or request that they vacate the premise voluntarily. We generally cannot start an eviction sole based on the resident not maintaining the property, so we would need to wait until the expiration of the lease.
If they are a nuisance to the neighbors; we will serve them a curable breach notice to stop the behavior. Again we generally cannot start an eviction sole based on the resident being a nuisance at the property, so we would need to wait until the expiration of the lease.
If they are violating any laws; we will serve them a curable breach notice or terminate their tenancy based on cause; Illegal activity.
Q: What is the chance of collecting past rent money after an eviction?
A: The most important action is to get the bad tenant out so we can replace him/her with a qualified resident. We will place the judgment with a collection agency if we are not successful within 30-60 days to collect past rent. Their success rate is not high but above the industry average, we place the judgment on their record with hopes of future collection.