property management webinar series property management forms instructed by kinski leuffer, associate...
TRANSCRIPT
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Property Management Webinar Series
Property Management Forms
Instructed by
Kinski Leuffer, Associate Counsel
January 19, 2011
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Outline
I. Forms Available
II. Recent Changes to Forms
III. New Forms
IV. Benefits
V. Q&As
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I.Forms Available
How do you find property management forms?
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I.Forms Available
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I.Forms AvailableCategories:
• Residential Lease and Addenda
Numeric: 2001 - 2011
• Property Management Agreements
Numeric: 2201 – 2221
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I.Forms Available
Listing Agreement: • Residential Real Estate Listing
Agreement, Exclusive Right to Lease
1102
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I.Forms Available
Does TAR have a form for that?
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I.Forms AvailableResidential Lease and Addenda:
• 2001 Residential Lease• 2002 Agreement Between Brokers for Residential Leases• 2003 Residential Lease Application• 2004 Pet Agreement• 2005 Extension of Residential Lease• 2006 Residential Lease Inventory and Condition Form• 2007 Residential Lease Guaranty • 2008 Addendum Regarding Lead-Based Paint• 2009 Agreement for Application Deposit and Hold on
Property• 2010 Pool/Spa Maintenance Addendum• 2011 Residential Lease for a Multi-Family Property Unit
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I.Forms AvailableProperty Management :
• 2201 Residential Leasing and Property Management Agreement
• 2202 Commercial Property Management Agreement• 2203 Repealed – Addendum for Leasing Services • 2204 Multiple Property Addendum• 2205 Addendum for Authorization to Act for Owner
Before Owners’ Association• 2206 Owner’s Notice Concerning Condition of Property
Under Property Management Agreement• 2207 Property Manager’s Inventory and Condition Report• 2208 Notice Terminating Right of Occupancy• 2209 Late Notice or Notice of Other Breach of Lease• 2210 Notice to Tenant of Change in Management and
Accountability for Security Deposit• 2211 Lease Amendment Concerning Tenant Change
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I.Forms AvailableMore Property Management :
• 2212 Denial of Lease Application• 2213 Agreement to Pay Past Due Amounts Under
Lease• 2214 Request for Rental History• 2215 Report of Incident Occurring on Property• 2216 Itemization of Security Deposit• 2217 Notice of Landlord’s Intent Not to Renew• 2218 Notice of Tenant’s Intent to Vacate• 2219 Request for Employment• 2220 General Information for Tenant of Property Facing
Foreclosure• 2221 Amendments to Residential Leasing and Property
Management Agreement
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I.Forms Available2 Additional Resources:
• Privacy Policy• Remember: If you are requiring an individual to
disclose their social security number, you must have a privacy policy in place and make it available to the individual. TB&CC § 501.052(a).
• Tenant Selection Criteria Remember: At the time an applicant is provided a
rental application, the landlord is required to make available printed notice of the landlord's tenant selection criteria and the grounds for denial. TPC § 92.3515(a).
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II. Recent Changes
Questions about the forms???
• What forms have been revised?
• What paragraphs changed?
• Why were the forms revised?
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II. Recent Changes
Remember: • Use the most current forms.
• The Code of Ethics requires you to competently manage the property of your client (property owner).
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II. Recent ChangesWhat forms were recently revised?
• 2001 Residential Lease• 2005 Extension of Residential Lease• 2011 Residential Lease for Multi-Family Property
Unit• 2201 Residential Leasing and Property
Management Agreement• 2210 Notice to Tenant of Change in Management
and Accountability for Security Deposit• 2220 General Information for Tenant of Property
Facing Foreclosure• 2221 Amendment to Residential Leasing and
Property Management Agreement
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II. Recent Changes
2001 Residential Lease: • Paragraph 18: Repair deductible was removed.
2005 Extension of Residential Lease• Paragraph A: Repair deductible was removed to
comply with the lease.
2011 Residential Lease for Multi-Family Property Unit
• Paragraph 18: Repair deductible was removed to comply with the lease.
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2005 Extension of Residential Lease
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II. Recent Changes2201 Residential Leasing and Property Management Agreement
• Paragraph 4: Foreclosure paragraph was added to explain the property manager’s rights and options in the event of a foreclosure on the owner’s property.
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II. Recent Changes2210 Notice to Tenant of Change in Management and Accountability for Security Deposit
• Paragraph 1: Reflects the changes that were made to Paragraph 4 of the Property Management Agreement (Broker may terminate this agreement).
• Provides notice:
1) There has been a change in management because the property manager has terminated his relationship with the property owner; and
2) The Current Balance of the security deposit is being returned to the tenant.
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III. New FormsNew Forms:
• 2220 General Information for Tenant of Property Facing Foreclosure
• 2221 Amendment to Residential Leasing and Property Management Agreement
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III. New FormsWhat do these forms do?
• 2220 General Information for Tenant of Property Facing Foreclosure
If the tenant requests information from you about the status of the property, you should provide this form that explains the tenant’s rights in the event of a foreclosure.
• 2221 Amendments to Residential Leasing and Property Management Agreement:
A property manager and property owner may use this form to amend the existing agreement.
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IV. Benefits
All these forms are available as a member
benefit.
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IV. BenefitsWhy should you use these forms?
• Current
• Input for revisions is gathered from fellow property managers.
• Suggestions (new forms) come from fellow property managers.
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V. Q & A
Q1: What is the difference between Paragraph 4A and 4B of the Residential Lease?
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V. Q & A
Q1 Answer: Paragraph 4A refers to the Primary Term of
the Lease. On the other hand, Paragraph 4B applies if
the lease is on a month-to-month basis.
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V. Q & A
Q2: The TAR lease states that rent is due on the 1st of the month. When is the earliest date that late fees may be
charged?
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V. Q & A
Q2 Answer: If you are using TAR’s Residential Lease and rent is due on the 1st of the month, the earliest date you may charge late fees is the
3rd of the month.
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V. Q & A
Q3: A property owner hires a property manager to manage
the owner’s property. The property consists of 10 mobile
homes, but the owner only wants the property manager to
manage 5 of those mobile homes. What form should the
property manager use?
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V. Q & A
Q3 Answer: The property manager should use the Residential
Leasing and Property Management Agreement. Since
the property manager will only be managing some of the mobile
homes, they should also use the Multiple Property Addendum
(TAR-2204).
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V. Q & A
Q4: If a property owner persists on using an older
form, may I do so?
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V. Q & A
Q4 Answer: No. You should inform the landlord that the
form is not current, and you are obligated to use a current form.
Also, the older forms will not reflect current statutory
changes.
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V. Q & A
Q5: What is the difference between the Notice
Terminating Right of Occupancy (TAR-2208) and the Late Notice
or Notice of Other Breach of Lease (TAR-2209)?
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V. Q & A
Q5 Answer: The Notice Terminating Right of Occupancy (TAR-2208) is a Notice to Vacate. The Late Notice or Notice of Other Breach (TAR-2209) is used prior to 2208 and
provides notice that the tenant has breached a provision of the lease.
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V. Q & A
Q6: Does the Residential Lease (TAR-2001) allow the
tenant to terminate the lease early?
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V. Q & A
Q6 Answer: No. The tenant does not have a right to early
terminate unless the tenant has a special statutory right to early termination under Paragraph 28
or the landlord agrees otherwise.
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V. Q & A
Q7: A tenant’s lease expired and is currently on a month-to-
month status. The initial lease was written on a TAR
Residential Lease (TAR-2001) that was dated before June 1, 2010. Does the Extension of Residential Lease (TAR-2005)
apply to month-to-month leases?
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V. Q & A
Q7 Answer: Yes, the form applies to all leases, including month-month leases. If the lease is dated before June 1, 2010, the first version of the
form should be provided to the tenant.
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TAR Forms
2001 Residential Lease2002 Agreement Between Brokers
for Residential Leases2003 Residential Lease Application2004 Pet Agreement2005 Extension of Residential Lease2006 Residential Lease Inventory
and Condition Form2007 Residential Lease Guaranty 2008 Addendum Regarding Lead-
Based Paint2009 Agreement for Application
Deposit and Hold on Property2010 Pool/Spa Maintenance
Addendum2011 Residential Lease for a Multi-Family
Property Unit2201 Residential Leasing and
Property Management Agreement2202 Commercial Property
Management Agreement2204 Multiple Property Addendum2205 Addendum for Authorization to
Act for Owner Before Owners’ Association
2206 Owner’s Notice Concerning Condition of Property Under Property Management Agreement
2207 Property Manager’s Inventory and Condition Report
2208 Notice Terminating Right of Occupancy
2209 Late Notice or Notice of Other Breach of Lease
2210 Notice to Tenant of Change in Management and Accountability for Security Deposit
2211 Lease Amendment Concerning Tenant Change
2212 Denial of Lease Application2213 Agreement to Pay Past Due
Amounts Under Lease2214 Request for Rental History2215 Report of Incident Occurring
on Property2216 Itemization of Security
Deposit2217 Notice of Landlord’s Intent
Not to Renew2218 Notice of Tenant’s Intent to
Vacate2219 Request for Employment2220 General Information for
Tenant of Property Facing Foreclosure
2221 Amendments to Residential Leasing and Property Management Agreement
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Thanks for your participation in our 5th PM Webinar!
Future Webinar• March – Invitation will be sent out
Questions? Contact the Legal Hotline 800/873-9155• You can download this presentation by visiting
the Property Management Page.• View the Texas Property Code.
Give us your feedback! Send to: [email protected]
Thank you