Should You Rent Your Charlote Area Home?

Becoming a landlord also offers some handsome tax perks. While rental income is taxed as ordinary income, your tax bill could easily be eliminated thanks to the numerous deductions on expenses and depreciation. There is, however, one major exception: If you eventually sell the house and qualify for the capital-gains tax exemption , you’ll be taxed on the amount you depreciate, which could make renting out your home considerably less attractive.  Ask Your CPA! 

Let’s talk expenses first. You can deduct pretty much any out-of-pocket expenses related to owning and managing the property. This includes your mortgage interest payments and property taxes (same as if this were your primary residence). It also includes other expenses, like advertising or broker fees, the costs of repairs to the property, maintenance expenses such as cleaning services, utilities and management company fees, the cost of fire and liability insurance, and even travel and local transportation expenses incurred for the maintenance of the property and collection of rent.

Then there’s the “phantom deduction” called depreciation. Just divide the fair market value of the property at the time you start renting it out (excluding the cost of land) by its recovery period — which is 27.5 years for residential rental property. Bingo! There’s your annual depreciation. For example, if the home is worth $550,000, you divide that by 27.5 and get a $20,000 annual deduction. If you have another $10,000 in out-of-pocket expenses, which are also deductible, you can get $30,000 in rent tax-free. Improvements can’t be deducted, but you recover their cost by depreciation. The good news is, you typically depreciate the cost of any appliances, carpeting, furniture or plumbing over only five years. So if you buy a new $1,000 dishwasher for your rental, you can deduct $200 a year from your rental income for five years. (This is pretty complicated stuff, so be sure to talk with a CPA before you file your returns.)

Source of this article is Smart Money.

Evicting Tenants In North Carolina

At Carolina Living Property Management, it is our responsibility to handle all situations even the bad ones.  Even though we have not had to evict a tenant because, we believe, we do a good job of screening, we know we need to be up to date on  the laws.

Evictions in North Carolina

As in all states, North Carolina does not permit landlords to use “self-help” eviction. That is, a landlord cannot change the locks or otherwise impede the tenant’s ability to enter the premises (except in order to maintain or repair the premises), even if the tenant fails to pay the rent.

In order to evict the tenant, the landlord must obtain a court order through a process called “summary ejectment”. (N.C. Gen. Stat. §§ 42-26 to 36.2).

If a landlord wants to evict a tenant who will not leave voluntarily, then he must file a Magistrate’s Summons and Complaint in Summary Ejectment in Small Claims (Magistrate’s) Court. The tenant must be served with the Summons and Complaint by the Sheriff’s Office, either personally or by posting. The Summons will state the date, time, and place for the court hearing. Small Claims Court hearings are informal, but both parties may have an attorney, present evidence, and subpoena witnesses.

The tenant may have defenses to the eviction action depending upon which basis for eviction the landlord sets out in the Complaint. The tenant may also file written counterclaims against the landlord. Examples of such counterclaims include: 1) a rent abatement for the landlord’s failure to make repairs for which he was responsible, after having been properly notified by the tenant; and 2) money damages if the landlord attempted to evict the tenant illegally and damaged him in some way.

Either party has ten days in which to appeal the magistrate’s decision to District Court for a new trial. During this ten-day appeal period, the landlord cannot make the tenant move. If the tenant properly appeals the judgment to District Court and pays the rent when due to the Clerk of Superior Court, then he can retain possession of the premises. The tenant may also be required to pay any undisputed past-due rent to the Clerk of Court, unless he files the appeal as an indigent.

If the eviction is based upon nonpayment of rent and the judgment is entered more than five working days before the day when the next rent payment is due under the lease, then the tenant must also pay the pro-rated rent for that time period to stay execution of the magistrate’s judgment for possession pending trial.

If the tenant does not appeal the magistrate’s judgment within ten days or loses on appeal, then the landlord may evict the tenant by obtaining a Writ of Possession of Real Property issued by the Clerk of Court. The writ directs the Sheriff to physically remove the tenant and his personal property from the premises. The Sheriff, not the landlord, is the only one who can remove the tenant and/or his personal property from the rental premises. The landlord cannot force the tenant to move at any stage of the eviction process

The landlord cannot evict a tenant in retaliation for certain protected actions. These protected actions include:
(1) Complaints made to the landlord, his employee, or his agent about conditions or defects in the premises that the landlord is obligated to repair; (2) complaints to a government agency about a landlord’s alleged violation of any health or safety laws;
(3) attempts to exercise rights described in the lease in state or federal law; and
(4) attempts to become involved with any tenants’ rights groups. If the tenant has undertaken any of these actions in good faith and in the six months before the eviction proceeding, the tenant should bring this to the court’s attention. (N.C. Gen. Stat. §§ 42-36.1 to 36.3)

Information Courtesy of RentLaw The National Landlord Tenant Guidelines.

To Rent or Not To Rent You Charlotte Home

Are you considering joining one of the fastest-growing populations in post-bubble America: the Accidental Landlord?

Carolina Living Property Management has joined one of the fastest growing professions for Real Estate Brokerages which is Property Management in Charlotte.

The inventory of homes for sale is twice as big as it was three years ago, which could mean a longer wait to sell – and a longer time to shoulder two mortgages or a mortgage and rent payment if you have to move.

The rental market, on the other hand, is robust.  Currently Carolina Living Property Management has average days of on the market for it’s rental properties at less than 45 days.

So, what goes into deciding if renting your Charlotte area home is right for you?

When Renting Beats Selling

To make the rent-vs.-sell call, you need to know what your home could fetch today. Let Carolina Living Property Management research and provide a ballpark figure of the price your home will bring.

Can you charge enough in rent to cover your costs or how much can you handle if the amount is less.

You’ll need to use  the amount of  typical rents provided to you and then compare that with your carrying costs. Those include not just mortgage payments, taxes and upkeep but also a bigger insurance tab: Your homeowners policy may go up if you don’t live in the house, and you’ll need additional liability insurance (for roughly $250 a year, you can get a $1 million umbrella policy).

Add on another 5 percent for unexpected maintenance or a gap between tenants. (Note:  Many of our clients purchase a home warranty policy to cover potential major issues.  Estimated cost $400 a year) If you want to hire a property manager to handle paperwork and repairs, hire Carolina Living Property Management and cut your projected rent by our low 8 percent fee.

  • You have other funds for a down payment

If you have to rely on the equity you’ve built up in your current home to buy your next one, you’re probably not a candidate to rent unless you plan on renting yourself.  If this is the case,  make sure your total budget will allow you to rent a home you will be happy in.

  • You’re sure prices will rise

Becoming a landlord is a bet that you can earn more renting your home and selling later than you would by moving on and putting sale proceeds to work elsewhere.

How much rent you can charge is important, but so is what’s ahead for home prices (see forecasts for 100 top markets at cnnmoney.com/realestate). In fact, even if the rent doesn’t cover your out-of-pocket costs, a big turnaround in your market could make the numbers work

You’re not giving up a great tax break

If you rent for more than three years, you endanger a precious benefit of home ownership – the capital-gains tax exemption. Live in your house for two of the five years before you sell and you’ll pay no taxes on the first $250,000 in profits ($500,000 for a married couple).

But become a landlord for three years or longer and you’ll owe capital-gains taxes on all profits in your home since you bought it. That could wipe out more than a year’s worth of recovery in your market.

Are You Landlord Material?

Be sure to read “what we can ask prospective tenants“.  This will give you some insight into what you or your property manager is allowed to ask or advertise for a prospective tenant.

Can’t Sell – Let Us Rent It For You

Charlotte Property Management Companies

Are you frustrated by the fact your home won’t sell?

We can help. In many cases, you can rent your home and save the most important asset you have. Even though you may not be able to recoup your entire mortgage payment, you can recoup much of it and wait out the slow market. We are a Charlotte Property Management Company serving the metro Charlotte and Lake Norman areas

Before you rent:

You need to ensure your home is in good working order.  Your A/C and heat should be serviced.  Any known issues that don’t really bother you, need to be fixed.  You can’t bet they will bother a tenant.   Let us give you comps so we can see what your home would rent for.  Analyse your financial situation to see if renting is right for you.

Ask us a lot of questions.  We will answer them.  This is a decision to not take lightly but one that can work for you with the right planning and management company. Compare prices!  Not all companies charge the same!

Are you an investor looking for something or someone different to manage your assets?

Cash is king!  Make sure you have cash in reserves for when it is not rented.  Analyse your finances and hire a company that will truly be your partner and take the same care of your asset that you would.  Compare prices. What fees allow you to maximize profits?

Read more about Carolina Living Property Management Services.

Landlord – Tenant Relations

At Carolina Living Property Management, we make it our business to understand laws as they pertain to our homeowners and our tenants.

According to the Rent Law North Carolina Tenant Relations regarding landlord tenant relations:
Withhold Rent: A tenant cannot unilaterlly withhold rent from a landlord who fails to make required repairs. However, the landlord and tenant can agree to a reduction in rent. For example, the landlord may allow the tenant to pay for repairs to a broken refrigerator, and then subtract the amount of the bill from the next month’s rent. (The tenant should retain copies of all receipts.) Another example: The landlord may reduce the rent for a month during which the tenant could not use one room because the roof leaked. This type of solution occurs frequently and should not be overlooked.

Abandonment of Lease: The lease is a contract between the landlord and the tenant. The tenant can get out of the lease only if the lease itself allows the tenant to do so and the tenant follows the procedures laid out in the lease. For example, the lease may permit the tenant to move out simply by giving notice thirty days in advance.

But there is no law that allows tenants to abandon any lease just by giving a notice thirty days in advance.

If the tenant abandons the premises prior to the expiration of the lease, the tenant will still have to pay rent every month until the landlord rents the premises to another tenant or the lease expires. This is called mitigating damages – the landlord is damaged when you break the lease until they rerent the unit – for the same price, more or less.

What Does The Tenant Have To Do Regarding Repairs

  1. Keep the Place as clean and safe as possible. Get rid of garbage in a clean and safe way.  Keep the plumbing (toilet, sinks, bathtub) as clean as possible.
  2. Notify the landlord or property manager of needed repairs.
  3. Do not do any damage to the premises. If the tenant or someone visiting damages the premises, the tenant is responsible.  This means the landlord may charge the tenant for the repairs.

Note: Source Elizabeth, Martin, Harch and Bunn. April 2009.

What Does The Landlord Have To Do Regarding Repairs

  1. Obey the Local House Code.Most cities and some counties have passed a law which is called a housing code.  The law tells the landlord what conditions have to be provided and maintained, including such items as hot and cold water facilities that do not leak, widow screens, walls ceilings and floors without holes, door locks and other basic necessities.  Cities and counties with a house code will have an inspection department whose duties including inspecting and informing owners and tenants of needed repairs.  This group is also responsible for enforcing the code.  Failure to make the required repairs can result in the premises being boarded up and not allowed to be rented unit repairs are completed.
  2. Make any repairs needed to make the premises fit and habitable.
  3. Keep the plumbing, hearing sanitary and electrical equipment in good and safe working order.
  4. If the landlord provided appliances, such as stove or refrigerator, he/she must fix the if they break down.
  5. Install smoke detectors.

If you have any questions about your rental home, contact your source for Lake Norman Property Management and Charlotte Metro area Property Management at 877-834-1880 or at our contact page.

Note: Source Elizabeth, Martin, Harch and Bunn.  April 2009.

A Real Reason For A Home Warranty

One of the things we strive to be as your property manager is also your trusted advisor.  After-all, there are many Charlotte Property Managers and by selecting us, we take this responsibility very seriously.

We discuss many things with our homeowners prior to renting, one being the pros and cons of purchasing a home warranty. 

We have had a client experience expensive repairs to an HVAC system which we later found out had a history of problems.  A home Warranty would have saved this client hundreds of dollars. 

Depending on the age of your home and/or the history of its major workings ( HVAC, plumbing), a home warrant is an inexpensive ( around $400 a year) solution in the long run.

Don’t Only Look at Properties When There Is a Problem

A lot of landlords and property managers only go to their properties when there is a problem. The trouble is, by the time a problem arises, you usually have many more problems to deal with—along with the problem that originally brought you to the property.

You should have a maintenance plan or property management team like Carolina Living in place so you’re in your property at least once every six months. When you get a new tenant, you should inspect their unit within the first two months. You want to make sure that the tenants are treating the property with respect. You want to point out any damage that they may have caused, and tell them that you will be sending your maintenance man over to fix it, and how much it will cost them.

Do this at the beginning and it will set the tone for your relationship with the
tenant. Then every six months or so, you’ll want to do another inspection. You can
either schedule it or surprise them. I like to surprise them; then I know exactly
how they are living.

You’ll want to go into the basement and make sure it is not being used as a storage
facility; same with the attic. When tenants store items in your basement or attic,
those are usually the things they leave behind when they move out. Then you have
to pay to dispose of the items. If these are allowed, then the return of security deposits should also be tied to the removal.

You’ll also want to check the plumbing inside the units and in the basement for
water leaks. The most common profit-losing problem is a toilet that will not stop
running, or a dripping sink. In no time you could be faced with large water problems.
Make sure tenants are not throwing trash all over the yard, or leaving unregistered
cars on your lot. Once trash starts piling up, it attracts more trash. Pretty soon
your property is the neighborhood junkyard.

Periodic inspections will save you money and tenant turnover. Then when problems arise, they will not be big ones.

Carolina Living Property Management is your Charlotte Property Management and Lake Norman Property Management of choice. We do inspections and drive by’s periodically to make sure your asset is being taken care of.

Don’t Over Improve Your Investment Property

We can all renovate a house and have it come out looking like the Taj Mahal, but that will not put the most profit in our pockets. You should put out a quality product and do your repairs properly. You shouldn’t cut corners or hide defects in a house. At the same time, if you’re renovating a $75,000 house, you do not want to install marble floors, Corian counters, and replace the exterior siding with clapboards.

You want to do the repairs that will give you the biggest return for the money. If you’re repairing a rental unit, you should use materials that will last. Plastic commercial tile floors for the kitchen and baths are better than the 12” x 12” stickons; commercial-grade carpet and countertops are designed to hide cuts and dirt. If you’re renovating a house for resale, you want to focus on the kitchen and baths.

Spend all of your extra rehab money in these rooms, because these are the rooms that will sell your house. They should be bright, clean and shiny.

Bring the house back to a like-new condition without making everything new.  It’s amazing how a little paint and cleaning can change the appearance of a house or an apartment. When planning your repairs, repair anything that is broken or outdated, but don’t go around the house installing all new cabinets and counters if you don’t need them.

Remember, make it nice and put out a quality product, but at the same time, keep in mind that you are not going to live there. The people who buy the house are most likely going to make changes, anyway.