rental housing journal utah october 2015

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Rental Housing Journal is the business journal for the Utah rental housing and multi-family property management industry.



    Advertise in Rental Housing Journal UtahCirculated to over 6,000 apartment owners, on-site and

    maintenance personnel monthly.

    Call 503-221-1260 for more information.


    2. Presidents Message Ask the Attorney

    3. Directors Message

    O cial Publication of The Utah Apartment Association Utahs Leading Advocate for the Rental Housing Industry 888-244-0401 WWW.UAAHQ.ORG Professional Publishing, Inc

    Rental Housing Journal Utah October 2015 - Vol. 7 Issue 10Pr



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    Annual Meeting

    Legal Seminar .................................. Nov. 10thCertifi ed Pool Operator Class Nov. 19th-20thTribute Awards ...................................... Feb.


    General Membership MeetingsNo meetings for Nov and

    AmericanFamily Agent

    Kandace Brewster

    On her desk, Kandace Brewster has collection of awards and accolades, including one from the Apartment Association for being a member favorite presenter/speaker. As she talks about it you can feel her sin-cerity and emotion. Of all the awards I have ever received, this is the one that means most to me, she says.

    An agent for American Family In-surance, Kandace has built her busi-ness on that sincerity and the connec-tion she makes with people. A former UAA board member who has been volunteering with UAA for over 12 years, she teaches classes or conducts seminars for members on insurance and risk management over a dozen times a year.

    Salt Lake CityContemplating Mandatory

    Multi Family Recycling

    Salt Lake City Th e city coun-cil in Utahs Capitol City may be the fi rst in Utah to create a mandatory multi-family recycling program, if they accept a recommendation from city staff .

    Salt Lake Citys o ce of Sustain-ability has sent a proposal to the council to implement a mandatory

    program that would require large apartment communities to have recy-cling containers.

    The issueAccording to Debbie Lyons, Direc-

    tor of the Salt Lake City Sustainabil-ity Program, the goal of the program would be to decrease waste and divert

    recyclable waste from the landfi ll by 70% in 2025. She says that to reach that goal, businesses and multi-fam-ily recycling rates need to catch up to current residential recycling rates.

    Salt Lake City is the refuse and re-cycling collection service provider for

    Mission and Goals of the UAA

    The Utah Apartment Association Mission is a trade association supporting the rental housing industry, run by industry members. Our 33 board members have set up mission and vision statements and 4 goals. We wanted to share those with readers of the Rental Housing Journal.

    Th e Utah Apartment Association is Utahs leading advocate and resource

    continued on page 7

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    for the owners, real estate profession-als, developers, management teams, suppliers and service providers dedi-cated to quality rental housing.

    VisionElevating the standards of the rent-

    al housing profession through ethics, legislative advocacy, education and networking

    Goal 1:Advocate Be the Voice and Advo-

    cate of the rental housing community in government Aff airs. Be recognized as the voice of fairness and reason. Cultivate relationships with decision makers and players. Fund resources to successfully accomplish our mis-

    Committed to UAAand You

  • Advertise in Rental Housing Journal UtahCirculated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

    Call 503-221-1260 for more information | www.rentalhousingjournal .com

    2 Rental Housing Journal Utah October 2015

    Utah Apartment Association 448 E Winchester St Ste. 460

    Salt Lake City, UT 84107Ph: (801) 487-5619

    Fax: (801)

    Presidents Message

    Ask the AttorneyBy Kirk Cullimore, Esq.

    Cheri Goss,Board Chair, UtahApartment Association

    Your resident just vacated. You check the unit and no surprise, the unit is a mess. Fortunate-ly, resident paid a security depos-it.Now what?

    Whether your resident gave proper written notice at the end of the lease or skipped before the lease expired, your obligations as a landlord under Utah law on how you handle the secu-rity deposit are the same.What then are those obligations?

    Under Utah law, upon termination of a residents tenancy, you may ap-ply money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit.(Utah Code 57-17-3(1))Th is means you can apply the residents security deposit towards any monies owed pursuant to the lease, including cleaning and damages. If your resi-dent signed a Cleaning and Damages Addendum (or something similar), any of the applicable charges can be deducted from the security deposit.

    If your resident did not sign an ap-plicable Addendum, then charges for cleaning, carpet cleaning, painting,

    Every year about this time, the UAA awards committee under-takes an enormous project. Th e goal of the Tribute Awards committee is to honor the excellence innovation and talent in our industry.

    Th e fi rst step is soliciting our indus-try twenty fi ve awards. Th is involves soliciting nominations from major property management companies,

    vendors, and others. Th e committee strives diligently to identify a diverse and eclectic group of both individuals and properties. While there will only be one winner per category, a side goal of the processes is to honor many deserving individuals and properties in addition to the winner.

    Second, the awards committee es-tablishes and implements a judging processes. Th is processes involves interviews based on preset questions and criteria, submissions from nom-inees, and property shops. For in-stance, the leasing agent of the year award has three components. Aft er talented individuals are identifi ed as nominees, they are notifi ed and con-

    gratulated. Th ey are given a nomina-tion form to complete that gives them an opportunity to promote their vir-tues and display their knowledge and skill. Th is nominee form will be one third of their total score. Th en, they are interviewed by individuals famil-iar with property managements that work in single family property man-agement. Th ese interviews also con-stitute a third of their score. Finally, once the fi nalists are identifi ed secret shoppers are sent to their property pretending to be renters and they are scored by these professional leasing testers. Th is is the fi nal third of their score.

    Th e tribute awards processes will involve hundreds, if not thousands of hours from UAA staff , commit-tee members, and volunteers. It will involve hundreds of paid shoppers who visit properties to assess quality and measure innovations. In the end twenty fi ve winners and hundreds of others will be recognized for their tal-ents, skills, and achievements.

    I want to thank the awards com-mittee the volunteers and the staff for their monumental eff orts to honor the best in our industry. Th e awards dinner will be Friday February 12th at Little America for more information, go to

    e Tribute Awards

    plus anything damaged that must be either repaired/replaced (all subject to normal wear and tear), can be de-ducted from the security deposit. In cases where there is no applicable Addendum, documentation, includ-ing receipts, invoices, and pictures, is crucial. It is not uncommon for for-mer residents to dispute charges for cleaning/damage; having documenta-tion, especially pictures, only bolsters the likelihood of those charges being awarded if contested in court.

    In addition to deducting amounts for cleaning/damages from the secu-rity deposit, you can also include any future rent owed, subject to your obli-gation to mitigate damages.Look for a future article that will discuss in more

    detail mitigation and future rent.Aft er applying residents security

    deposit towards monies owed, then

    what? Under Utah law, you then have an obligation to send to the resident a written accounting refl ecting how you applied the security deposit. When must you provide this written ac-counting and where do you send it?

    Utah law specifi cally requires that no later than 30 days aft er the day on which a renter vacates and returns possession of a rental property, you shall deliver to the renter at the rent-ers last known address: (a) the bal-ance of any deposit; (b) the balance of any prepaid rent; and (c) if the owner or owners agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and ex-plains the reason for each deduc-tion.(Utah Code 57-17-3(2))

    What if you fail to deliver the writ-ten accounting within 30 days of your

    continued on page 5

  • 48-HOUR NOTICE OF ENTRYTENANT(S): ____________________________________________________ DATE:________ADDRESS: ____________________________________________________ UNIT: _________CITY: _________________________________________ STATE: __________ ZIP: _________48-HOUR NOTICE OF ENTRY

    59.18.150, this is your 48 hour notice that your landlord or their agents will be entering the dwelling unit and premises located at (Address)__


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