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Renters are common victims of rights violations because they are uninformed, but a current Fallon case has fostered increased concerns.
Washington state investor and landlord Ray Pepper recently accused a local real estate broker of forcing his tenant to move without informing the woman of her rights.
Kathleen Kern, owner of Eagle Realty, said Pepper was referring to a new law that gives tenants 90 days to move once the new owner notifies them.
“It makes it a difficult situation on everybody,” Kern said. “I don't blame the tenants for being nervous.”
Nevertheless, Kern said local renters rarely face this situation. She has had only one rental home foreclose, and Michelle Wallace, co-owner of Wallace Realty Corp., said she has only had three in the last two years.
“Obviously, our foreclosure rate is lower,” Wallace said. “It's staying about the same. I haven't noticed it getting any worse.”
Still, renters are often victimized.
“Just being taken advantage of,” Wallace said. “Tenants not getting deposits back at all when they were overcharged or charged for things that were not their responsibility — tenants being thrown out of places.”
Wallace said renters should know their basic rights like what needs to be in the lease. She said owners often omit lead paint notices and public nuisance laws.
“There are lots of landlords out there that don't know or don't care,” Wallace said.
Wallace also said landlords must maintain a home by ensuring the necessities.
“It doesn't matter what a tenant pays for rent,” Wallace said. “A landlord is required to keep that property in habitable condition.”
Landlords cannot terminate a lease without providing time to move either, and Kern recommends keeping tenants aware of foreclosures.
“My feeling is keep the tenants informed,” Kern said. “I wouldn't want all of a sudden someone knock on my door and say you got to move. They may be uncomfortable with it, but I'd rather them know what's going on than be blindsided.”
Kern added tenants should be weary of scams and verify claims of foreclosure on rented homes through Churchill County.
“I don't want the fraud people coming out here,” Kern said. “Who are these people? What gave them the right?”
Wallace said landlords cannot take a deposit without proving the expenses.
“They [tenants] are entitled to an accounting of where their security deposit went,” Wallace said.
She said renters have defenses and, with proper measures, can even withhold rent or bill the owner.
Although renters are often victims, Wallace said they are also guilty of ignoring obligations, particularly when tenants move without making repairs or cleaning. Wallace said vacating requirements are generally in the lease, so irresponsible tenants incur extra charges.
“In property management business, I really try to cover my bases,” Wallace said. “Everything is spelled out in my rental agreement.”
Wallace said documentation is essential for renters, too, especially in court.
“I have never lost one of those [court cases] because I do so well on my backup paperwork,” Wallace said. “In my paperwork, I'm trying to cover our bases and protect our tenants as well.”
Kern and Wallace encourage renters and landlords to research because they can protect themselves.
“Know your rights,” Kern said. “Know what you can and can't do. Know you're not getting dropped out on your nose.”
For more information on renters' rights http://www.hud.gov/local/nv/renting/tenantrights.cfm, or http://www.red.state.nv.us/ or http://www.nlihc.org/template/page.cfm?id=227.
Washington state investor and landlord Ray Pepper recently accused a local real estate broker of forcing his tenant to move without informing the woman of her rights.
Kathleen Kern, owner of Eagle Realty, said Pepper was referring to a new law that gives tenants 90 days to move once the new owner notifies them.
“It makes it a difficult situation on everybody,” Kern said. “I don't blame the tenants for being nervous.”
Nevertheless, Kern said local renters rarely face this situation. She has had only one rental home foreclose, and Michelle Wallace, co-owner of Wallace Realty Corp., said she has only had three in the last two years.
“Obviously, our foreclosure rate is lower,” Wallace said. “It's staying about the same. I haven't noticed it getting any worse.”
Still, renters are often victimized.
“Just being taken advantage of,” Wallace said. “Tenants not getting deposits back at all when they were overcharged or charged for things that were not their responsibility — tenants being thrown out of places.”
Wallace said renters should know their basic rights like what needs to be in the lease. She said owners often omit lead paint notices and public nuisance laws.
“There are lots of landlords out there that don't know or don't care,” Wallace said.
Wallace also said landlords must maintain a home by ensuring the necessities.
“It doesn't matter what a tenant pays for rent,” Wallace said. “A landlord is required to keep that property in habitable condition.”
Landlords cannot terminate a lease without providing time to move either, and Kern recommends keeping tenants aware of foreclosures.
“My feeling is keep the tenants informed,” Kern said. “I wouldn't want all of a sudden someone knock on my door and say you got to move. They may be uncomfortable with it, but I'd rather them know what's going on than be blindsided.”
Kern added tenants should be weary of scams and verify claims of foreclosure on rented homes through Churchill County.
“I don't want the fraud people coming out here,” Kern said. “Who are these people? What gave them the right?”
Wallace said landlords cannot take a deposit without proving the expenses.
“They [tenants] are entitled to an accounting of where their security deposit went,” Wallace said.
She said renters have defenses and, with proper measures, can even withhold rent or bill the owner.
Although renters are often victims, Wallace said they are also guilty of ignoring obligations, particularly when tenants move without making repairs or cleaning. Wallace said vacating requirements are generally in the lease, so irresponsible tenants incur extra charges.
“In property management business, I really try to cover my bases,” Wallace said. “Everything is spelled out in my rental agreement.”
Wallace said documentation is essential for renters, too, especially in court.
“I have never lost one of those [court cases] because I do so well on my backup paperwork,” Wallace said. “In my paperwork, I'm trying to cover our bases and protect our tenants as well.”
Kern and Wallace encourage renters and landlords to research because they can protect themselves.
“Know your rights,” Kern said. “Know what you can and can't do. Know you're not getting dropped out on your nose.”
For more information on renters' rights http://www.hud.gov/local/nv/renting/tenantrights.cfm, or http://www.red.state.nv.us/ or http://www.nlihc.org/template/page.cfm?id=227.
