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Bob Bruss Mail Bag

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By Robert J. Bruss

DEAR BOB: I own a rental house. I recently renovated it and now want to rent it out. My previous tenants were there for 12 years, but I was a lazy landlord and they took advantage of me. I put about $50,000 into the house and want to screen prospective tenants. What is the best way to do that? -- Berta G.

DEAR BERTA: Qualifying a rental tenant isn't difficult. Of course, insist on a written rental application and a deposit that is fully refundable if you don't select the applicant.It is perfectly legal to take several applications for the same rental, check each applicant and select the best-qualified applicant. Then promptly refund the deposits of the applicants you don't accept. Of course, the first step is to verify employment and income.Next, be sure to get a credit report on all applicants, including their Fair Isaac Corp. (FICO) credit score. Better yet, ask all applicants to supply their credit report and FICO score, which they can obtain for $14.95 at http://www.myfico.com/ . If the applicant's FICO score is 650 or higher, you probably have a good applicant who will pay the rent on time. However, be sure to also phone the applicant's two or even three previous landlords to inquire why the applicant moved out. My experience is landlords are usually truthful on the phone, except perhaps the current landlord, who might want to get rid of the applicant.

My final question to prior landlords: "Would you rent to this tenant again?" You will instantly know if you have found a good tenant.

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DEAR BOB: I've been a landlord more than 20 years. My tenants have bought for me, thanks to their rent payments, four free-and-clear houses. I am well on my way to owning several other mortgage-free rental properties in the next few years. Most tenants are wonderful people if they are properly screened before they move in. Also, there is a period of "tenant training" to get them to pay rent on time. My longest-term tenant has been with me 16 years. Why he never bought his own home, I don't understand, but I don't want to lose him. My question is, do I have to rent to lawyers? Over the years, my two worst tenants were lawyers. They complained about insignificant items and tested my patience. I had to evict one for nonpayment of rent; the other one left when she got married. Recently, I turned down a lawyer applicant because of a poor credit report with a Fair Isaac Corp. score of 637 and a bad report from his previous landlord. He threatened to sue me. I told him I wasn't renting to him because he is a lawyer. Do I have to rent to lawyers? -- Martin Y.

DEAR MARTIN: No. You had valid reasons for not renting to that lawyer, including the low FICO credit score and the bad report from a prior landlord. However, you should not have said the real reason was because he is a lawyer. That was like waving a red cape in front of a bull.I am not aware of any state that prohibits rental discrimination on the basis of a tenant applicant's occupation. Frankly, although I am a lawyer, I have had past problems with such tenants. so I don't blame you for being reluctant to rent to lawyers.

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DEAR BOB: When I bought my condo, there were only a few renters in my desirable complex. Today, it is more than 40 percent renters. Several absentee owners own two, three, four or more units. The result is it is like an apartment house. The on-site manager is responsible for maintenance, not for controlling the often-rowdy tenants. A neighbor who recently sold her condo told me she had several prospective buyers who could obtain mortgages at only above-market interest rates, so they backed out. She finally sold to an all-cash buyer who didn't know about the high percentage of renters. I brought this issue up at a board of directors meeting, but nobody knows what to do about the problem of too many renters. Any ideas?

-- Stewart R.

DEAR STEWART: I own a condo that has been in my family since 1977. Our association confronted the same problem, although it was not as serious. Out of 62 units, we had three rentals. Some of the members and directors thought that was too high. Fortunately, they solved the problem by proposing a severe restriction on future rentals, unless approved by the board of directors. However, several members opposed, especially the three absentee owners. To stifle opposition, our condo lawyer suggested the three rental units be grandfathered so they could continue as rentals if their owners desired.The proposal to limit future rentals to hardship cases that must be approved in advance by the board of directors passed by a vote of more than 70 percent of the condo owners. You might want to suggest a similar solution to your association's big rental problem. 

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DEAR BOB: As a law student, I have become interested in possibly investing in probate properties. I find there is little interest among real estate agents in listing and marketing such properties. Why? Do you think the probate property field is less crowded than for other investment properties? -- Mr. B.K.

DEAR MR. B.K.: There are far fewer probate properties being sold by estates than there are other properties listed for sale on the open market. As an investor, I've bought several probate properties, but none was a simple routine sale. Dealing with heirs, executors and attorneys is rarely easy. One time I made an offer to buy a probate property where I later learned 29 heirs had to sign the acceptance. I quickly realized that property was a waste of time unless one heir could speak for the entire group.

An excellent recent book to read for more information on this topic is "Creating Wealth Through Probate," by James G. Banks (Kaplan Education, 2005, $18.95).

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Readers with questions should write Robert J. Bruss at 251 Park Rd., Burlingame, Calif. 94010 or contact him via his Web page,http://www.bobbruss.com

Copyright© 2006 The Washington Post Company

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