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Wednesday, May 11, 2005 - Page updated at 04:22 p.m. Home Forum Renting out your condo: First ask association Seattle Times staff reporter
Q: I'm taking a sabbatical next year and need to find someone to rent my fully furnished condo in downtown Seattle. What's the best way to find a tenant? A: "Before you sign a lease, you want to make sure your condo association is on board with you and you're in compliance with all the rules and regulations," said Tamara Simon, owner of Koss Property Management. "Some have restrictions about leasing or subletting your unit. Some don't allow it or only allow a certain percentage in the building. Also, some have rules about reviewing the lease or reviewing the tenant." Your association may also require a professional background screening of your tenant's employment, rental, credit and possible criminal history, Simon said. "Most condo associations require that because they want reassurances that if you're an absentee landlord, you're not just leaving them to deal with anybody you could find to rent out," Simon said. Other things you should know: Some associations don't allow renters to have pets; many charge move-in fees to owners and renters; legally you cannot require your tenant to pay monthly condo dues; and you'll have the best shot at filling your unit if you include parking. "It's important to tenants because it's at a premium downtown," Simon said. Your association's management may share with you what other units in your building are renting for, Simon said. And management may even know of rental interest in your building. That also goes for a doorman (if you have one), and other owners. Perhaps they have friends who want to live in the building. A for-rent sign posted by the mailboxes or in a laundry room will let other residents know your home is available. Ditto newspaper ads (in "Apartments/Condos Furnished" section). The housing offices of local colleges and universities also may be helpful because they may know of visiting faculty. Finally, setting an attractive rent for the market is key to landing a tenant, Simon said, adding that owners who bought in the past four years should expect a negative cash flow. For more on what you'll need to know as a landlord, check the Rental Housing Association of Puget Sound's Web site: rha-ps.org. It contains the Residential Landlord-Tenant Act, which you must give to your renter, and a long list of questions and their answers.
Q: My neighbors have an easement for their driveway across my property. They drive way too fast. What rights do I have to control the traffic and speed? A: An easement is a written agreement allowing a property owner to keep ownership of his land while granting another (usually a neighbor or utility company) the right to use a set portion of that land for a specific purpose. "Why people normally grant easements is because they've divided a piece of property and they want to sell the back half," said Bellevue attorney Alan Tonnon, who addressed these questions. "But they never think about what kinds of problems they might have with that easement." Problems, such as the ones you're encountering, can be prevented if the easement is crafted to contain rules regarding maintenance, vehicle speed and usage. You can see if yours have helpful language by checking the title reports you received when you bought your homes. Look specifically for Title B Special Exceptions, and read through it. (Your title company can help you get a copy if you can't locate the original.) Tonnon said most easement agreements are silent on the specific issues the two of you raised. However, sometimes there are separate agreements addressing maintenance issues. "If the agreement is silent about any maintenance, I don't know of any common-law rights they have to force their neighbor to clean up their mess," he said, referring to the first question. Tonnon doubts, however, that your neighbor can keep you from replanting the grass, so if the situation really bothers you, that's your solution. The issue in the case of the speeding neighbors is how fast is too fast? "If it's a 25-miles-per-hour neighborhood, it seems to me that it would be reasonable for that to be the speed on the easement," he said. "But that's only a reasonable standard, and I don't know how enforceable it would be." Indeed, Tonnon said, you have no inherent right to enforce a speed limit (unless there's one in your easement document). Therefore, the best solution could be to have an honest, cordial talk with your neighbors about this issue. Home Forum answers readers' real-estate questions. Send questions to Home Forum, Seattle Times, P.O. Box 1845, Seattle, WA 98111, or call 206-464-8510 to leave a question on a recorded line. The e-mail address is erhodes@seattletimes.com. Sorry, no personal replies. More columns at www.seattletimes.com/columnists. Copyright © 2005 The Seattle Times Company
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