Raleigh Property Management

Raleigh Realtors & Raleigh Property Management Companies

Champion Realty provides property management in Raleigh NC, and is a team of Raleigh Realtors and other Raleigh Real Estate Agents.

They can help you find Raleigh Homes for Rent and Raleigh Houses for Sale

You can also search the Raleigh MLS to find Raleigh Real Estate Listings on their website. 

Contact them via the following:

    Website:  www.Champion-Realty.net

    Office:   (800) 290-4010 ext. 5

    E-mail:  Rodney@Champion-Realty.net

10 Tips for Raleigh Landlords

1. Screen Tenants:  Don't rent to anyone before checking credit history, references and their background.  Haphazard screening and tenant selection too often results in problems - a tenant who pays the rent late or not at all, trashes your rental property, or lets undesirable friends move in.  Use a written rental application to properly screen your tenants.
2. Get it in Writing:  Be sure to use a written lease to document the important facts of your relationship with your tenants - including when and how you handle tenant complaints and repair problems, notice you must give to enter a tenant's unit, and the like. 
3. Handle Security Deposits Properly:  Establish a fair (and legal) system for setting, collecting, holding and returning security deposits.  Inspect and document the condition of the rental unit before the tenant moves in, to avoid potential disputes over security deposits when the tenant moves out.
4. Make Repairs:  Stay on top of maintenance and repair needs and make repairs when requested.  If the property is not kept in good repair, you'll alienate good tenants, sue for injuries caused by defective conditions, report you to the local governing authority, and/or move out without giving notice.
5. Provide a Secure Premises:  Don't let your tenants and property be easy marks for a criminal.  Assess your property's security and take reasonable measures to protect it.  Often the best measures, such as proper lights and trimmed landscaping, are not that expensive.
6. Provide Notice Before Entering:  Learn about your tenant's rights to privacy.  Notify your tenants whenever you plan to enter their rental unit, and provide as much notice as possible. 

Update on the Raleigh NC Rental Market

Rental homes in Raleigh NC are going FAST!

Even though this is not the busiest time of the year for Raleigh Rental Homes, they are still coming AND GOING off the market quickly!

As one in Raleigh Property Management, we are staying quite busy working with not only those moving within the Raleigh, but those being transferred from other cities and states.

Have you had your Raleigh homes for sale on the market too long?  If so, perhaps it is time to try leasing it out.  We list properties for sale and for lease, simultaneously, all the time.  As a full service agency, we can either list it both ourselves; or, if you already have a sales agent in place, we can market it for lease along side of their sales listing.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

Justice Department Settles Landlord-Tenant Case Under Servicemembers Civil Relief Act

Justice Department Settles Landlord-Tenant Case Under Servicemembers Civil Relief Act

WASHINGTON – The Justice Department today announced that it had reached a settlement resolving allegations that Empirian Property Management Inc. refused to terminate residential leases entered into by active duty members of the U.S. Air Force assigned to Offutt Air Force Base in Sarpy County, Neb., after those servicemembers received permanent change of station orders.  The lawsuit alleged that Empirian, a Delaware corporation that manages over 30 apartment complexes nationwide, violated the Servicemembers Civil Relief Act (SCRA) by refusing to allow the servicemembers to terminate their leases early in order to comply with their military orders.

The SCRA provides certain protections to active duty servicemembers who must terminate residential leases to comply with military orders for a permanent change of station or for deployment.  The complaint, which was filed with the settlement, demonstrates the Justice Department’s ongoing commitment to enforcing the rights of our nation’s servicemembers.  Under the terms of the settlement, which must be approved by a federal court in Nebraska, Empirian must pay a total of $12,500 in damages to four identified servicemembers, and up to $20,000 to compensate any additional servicemembers harmed by Empirian’s actions.  Empirian is also prohibited from engaging in future violations of the SCRA.

“Our men and women in uniform make great sacrifices in order to protect our nation,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “When servicemembers move as a result of military orders, the law protects them from financial hardship.  The Civil Rights Division is strongly committed to protecting the rights of servicemembers through our enforcement of the SCRA.”

U.S. Attorney for the District of Nebraska, Deborah R. Gilg, said, “This settlement sends a strong message that the rights of our service personnel will be protected.  No service man or woman engaged in protecting all of us from harm should suffer financial damage from landlords who seek to thwart the protection our laws afford our service personnel.”

The Justice Department’s investigation of this matter originated with a referral to the Civil Rights Division from the Offutt Air Force Base Law Center.  Servicemembers who believe that their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program office.  Office locations may be found at http://legalassistance.law.af.mil/content/locator.php.  Additional information about the Justice Department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

FAIR HOUSING Laws, Ordinances & Regulations

What is Fair Housing?

Fair housing issues are among the most important legal issues facing tenants, brokers, and landlords today.  Fair housing laws - for the benefit and protection of all tenants and prospective tenants - impact virtually every decision made by owners, managers, sellers, buyers and agents.  Even though this blog covers primarily landlord - tenant relations, the prohibitions of fair housing law cover the spectrum of real estate transactions, including sales and rentals of real property, as well as lending practices.

The Federal Fair Housing Act

In response to widespread discrimination in housing, Congress passed the landmark Fair Housing Act (FHA) as part of Title VIII of the Civil Rights Act of 1968.  The FHA, along with its subsequent amendments, is the primary federal law against discrimination in housing.  This law prohibits anyone, include owners, property managers, agents and brokers, from discriminating in the sale or leasing of residential real estate.  As enacted in 1968 (amended in 1974 to add the classification of 'sex'), the FHA prohibited discrimination on the basis of:

• Race:  a class or kind of human population having a common origin, characteristics and other physical traits or appearances.
• Color:  someone's skin pigmentation being lighter or darker than someone else's.
• Religion:  an organized system of beliefs or devotion to a religious faith or similar observance.
• National Origin:  an individual's place of birth or homeland
• Sex:  Gender, male or female, includes protection against sexual harassment, but at present, does not include sexual orientation in NC or under the federal FHA.

The FHA was substantially revised by the Fair Housing Amendments of 1988, which added two new protected classes of citizens:

• Handicapped/Disabled Persons:  may be physical or mental which substantially limits one or more major life activity.
• Families with children/familial status:  one or more children under the age of 18 in a household living with a parent or legal guardian, a pregnant female, or persons seeking to adopt or otherwise obtain custody of one or more children.

Discrimination occurs when a person who is seeking, renting, or occupying a houses is treated differently because of her protected status - ie., because of her race, color, religion, sex, national origin, handicap or familial status.  The 1988 amendments added elaborate provisions defining 'familial status' and a 1995 amendment created exemptions for 'housing for older persons.'  It also gave handicapped persons the right to make reasonable modifications in existing housing and it required certain design standards in the construction of new housing.

Penalties for violations of the FHA include:

• Civil damages
• Punitive damages
• Criminal prosecution, fines and imprisonment, in some cases
• Consent decrees that restrict business practices
• Loss of professional licenses or certificates
• Expulsion from professional associations or trade groups

A full copy of the FHA is available at:  http://www.justice.gov/crt/housing/title8.pho

The North Carolina Fair Housing Act

North Carolina has its own version of the Fair Housing Act.  In virtually all respects, North Carolina's fair housing laws are identical to the federal in terms of the seven protected classifications discussed above.  However, this changed in 2009, when the NC Legislature amended the State Fair Housing Act to add a new protected classification:  Affordable housing in the context of municipal planning.  It was amended to add subsection (f), which states:

"It is unlawful discriminatory housing practice to discriminate in land-use decisions or in the permitting of development based on race, color, religion, sex, national origin, handicapping condition, familial status, or except as otherwise provided by law, the fact that a development or proposed development contains affordable housing units for families or individuals with incomes below 80% of are median income.  It is not a violation of this Chapter if land-use decisions or permitting of development is based on considerations of limiting high concentrations of affordable housing."

In addition, it was also amended to add subsections (3) and (4), which state:

(3) "A local government's act or failure to act in land-use decisions or in the permitting of development is intended to discriminate against affordable housing.  A local government intents to discriminate if, in commiting an unlawful discriminatory housing practice desrcribed in G.S. 41-A-4(f), the local government was motivated in full, or in any part at all, by the fact that a development or proposed development contains affordable housing units for families or individuals with incomes below 80 percent of area median income.  It is not a violation of this Chapter if land-use decisions or permitting of development is based on considerations of limiting high concentrations of affordable housing.  An intent to discriminate may be established by direct or circumstantial evidence."

(4)  "A local government's act or failure to act has the effect, regardless of intent, of discriminating against affordable housing in land-use decisions or in the permitting of development, as set forth in G.S. 41A-4(f).  It is not a violation of this Chapter if land-use decisions or permitting of development is based on considerations of limiting high concentrations of affordable housing.  It is not a violation of this Chapter if a local government whose action or inaction has an unintended discriminatory effect proves that the action or inaction was motivated and justified by legitimate, bona fide governmental interest."

Those these new amendments to the State Fair Housing laws do not directly affect tenants and landlords on day-to-day operations, they present a significant impact on multi-family developers and their relationship with local government entities, including town and city councils and planning boards.  Under these new laws, municipalities must take great care before electing to deny a proposed affordable housing development, as a denial of such development could lead to claims of discrimination.

Local Fair Housing Ordinances & Regulations

Many localities have also adopted fair housing ordinances and regulations.  These are usually very similar to the state and federal fair housing laws, but may include additional protected classes.  For example, some localities also prohibit discrimination on the bases of sexual orientation, political preference, or marital status.  Thus, it is extremely important that one check with their city or county government to find out if they have adopted such additional protections.  If a city or state has fair housing laws that are comparable to the FHA, the federal and state authorities will sometimes refer complaints to the city or a designated state or local organization (a human relations department or commission) for counseling or investigation.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

Pets...or Service Animals?

Ordinarily, property owners have the right to refuse animals while renting their property.  However, specific circumstances exist when a dog, cat, or possibly another type of animal is not considered a ‘pet.’  When a disabled person with an assistance animal applies to rent a property, a landlord cannot refuse to rent to the prospective tenant on the grounds of having an animal or ‘pet.’  This is under Title II of the American Disabilities Act of 1990.

Definition of a service animal:  a service animal is one individually trained to do work or perform tasks for the benefit of a person with a disability.  A service animal, such as a dog, can be any breed or size.  It might wear specialized equipment such as a backpack, harness, special collar, or lease, but this is not a legal requirement.

Determining a ‘true’ service animal:  Housing providers may ask an applicant or tenant to provide documentation from a qualified professional that the individual has a disability and requires a service animal as an accommodation.

What you CANNOT ask:  Housing providers may NOT ask an applicant or tenant to provide:

• Any details about the applicant’s / tenant’s disability
• Medical records
• Proof of training (such as a training certificate)
• Under Federal, State and Local Fair Housing Laws, individuals with disabilities may ask their housing provider to make reasonable accommodations in the ‘no pets’ policy to allow for their use of a companion/assistive animal.

Service animal training:  Generally, they train most service animals to assist the disabled person with individual needs relative to that person’s disability.  While some animals receive certification papers, others do not.  It is legitimate for a person with a disability to train his/her own service animal.  There is currently no national standard with which to evaluate the training or performance of any type of service animal, including guide dogs.  You may not require the disabled tenant to provide proof of the service animal’s training.

No additional deposits:  A service animal is not a pet and you CANNOT lawfully require any additional deposits.  You also cannot retaliate by creating a higher deposit than what you would require for other prospective applicants for the property.

Service animal damages:  You can hold the tenant responsible for the actions of his/her animal for any damage to your property.  Additionally, the tenant must comply with any of your established policies such as cleanliness and maintenance of the unit as well as leash requirements and noise guidelines.  In most cases, assistance animals are usually well behaved.

Property tenant screening:  You cannot refuse to rent to a disabled tenant and their service animal, but as your Raleigh Property Management Company, we can require them to process through the same screening practices as other tenants.

Obviously, a service animal is a sensitive issue, and as your property management company, we know the importance of following the law to avoid any legal issues.  However, we will require them to meet our screening standards.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

Property Management Inspections in Raleigh Rental Homes

When performing an inspection of Raleigh rental homes, there are certain things to watch for.  Here are only a few:

• Always watch for signs of unauthorized pets.  These are not difficult to see, even if the tenant has taken the dog to mom's house and hidden the doggie dishes in the garage.  How can they possibly pick up all of that poop in the back yard?
• If there are quilts or mats all over the floor in the living room, they are probably trying to hide juice or wine stains that are on the carpet.  Have them removed, so you can see what they may be hiding.
• Open the door to the air conditioner vent, pull out the filter and listen to the tenant say, "I'm so glad you did that.  I need to change that thing, don't I?"
• If the bathtub curtain is pulled shut, you might want to open it and see what is growing inside.  I'm not talking about mold or mildew.  I have been quite surprised on occasion at what I've seen.
• If Grandma is sleeping in one of the bedrooms and cannot be bothered, you might want to check and see if she is on the lease.  Chances are, the tenant is trying to hide something in that room as well.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

Liability of Vicious Animals in Raleigh Homes

North Carolina case law provides that an owner or keeper of a vicious animal is strictly liable for injuries caused by the animal if the owner or keeper knew or should have known of the animal's vicious propensity.  In addition, a recent North Carolina Supreme Court case held that a landlord was liable for injuries caused by the tenant's dog based on the negligence of the landlord's property manager.  The tenant's lease permitted him to keep one Rottweiler dog on the property.  The lease also required the tenant to 'remove any pet...within 48 hours of written notification from the landlord that the pet, in the landlord's sole judgment, creates a nuisance or disturbance or is, in the landlord's opinion, undesirable.'  The evidence demonstrated that the property management company permitted the tenant to run freely, that on two previous occasions, nearby neighbors had been attacked by one of the dogs, and that the property manager knew of the incidents.  The court stated that a landlord is potentially liable for injuries to third persons if the landlord has control of the leased premises, and that in the case under consideration, the lease agreements grated the property manager and landlord sufficient control to remove the danger posed by the tenant's dogs.  The court also concluded that the negligence of the property manager could be attributed to the landlord based on the principal-agent relationship.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

Obligations of Raleigh Landlords

Under the Residential Rental Agreements Act, the landlord is obligated to:  1) comply with the current applicable building and housing codes; 2) make all repairs; 3) keep all common areas in a safe condition; 4) maintain and repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities supplied by the lease agreement; 5) provide operable smoke detectors, either battery operated or electrical, having an Underwriters' Laboratories, Inc. listing or other equivalent national testing laboratory approval, and install the smoke detectors in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the landlord shall retain or provide as proof of compliance; 6) provide notice that water being supplied exceeds a maximum contaminant level if the landlord is charging for the cost of providing water or sewer service and has actual knowledge that water being supplied to tenants within the landlord's property exceeds a maximum contaminant level; 7) effective January 1, 2010 with respect to dwellings having a fossil-fuel burning heater or appliance, fireplace, or an attached garage, provide a minimum of one operable carbon monoxide detector per rental unit per level, either battery powered or electrical, that is listed by a national, OSHA-approved testing laboratory, and install the carbon monoxide detectors in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the landlord shall retain or provide as proof of compliance; and 8) repair or remedy any imminently dangerous condition on the premises within a reasonable period of time based upon the severity of the condition after acquiring actual knowledge or receiving notice of the condition.

The term 'imminently dangerous condition' means any of the following:

• unsafe wiring
• unsafe flooring or steps
• unsafe ceilings or roofs
• unsafe chimneys or flues
• lack of potable water
• lack of operable locks on all doors leading to the outside
• broken windows or lack of operable locks on all windows on the ground level
• lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside outside from November 1 through March 31
• lack of an operable toilet
• lack of an operable bathtub or shower
• rat infestation as a result of defects in the structure that make the premises not impervious to rodents
• excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mosquito infestation or mold.

The landlord may recover from the tenant the actual and reasonable costs of repairs that are the fault of the tenant.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

What is a Raleigh Landlord?

The term 'landlord' generally applies both to the person or company that owns a rental unit and to the person or company which manages the property.  Under North Carolina's Residential Rental Agreements Act, the term 'landlord' is defined as "...any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article.'  Management of the property often includes advertising, contracting with prospective tenants, maintenance, collecting, and eviction.  Property managers may be agents for one property owner or several unrelated property owners.

The law of agency makes a 'principle' liable for the acts and promises of an 'agent.'  As a general rule, leasing agents and repair personnel are agents of, and can create liability for, the landlord.  If the agent is found to have committed a civil wrong (a 'tort') the agent is personally liable also.

Because the property manager is the 'agent' of the property owner, the property owner can be held liable for actions of the property manager when those actions are in the 'course and scope' of the purpose for which the agent was employed.  A general principle of agency law is that when an agent causes harm to someone through negligence, both the employer and the agent are equally liable.

Even one rental of residential property makes a person subject to the laws relating to landlords, including potential treble damages and tenant attorney fees if the tenant's claim is for 'unfair or deceptive trade practices.'

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate

Property Management in Raleigh NC | The Lease (Lease Extensions & Lease Renewals)

There is no specified termination date for a lease in North Carolina law.  Agreement of the parties, or actions that show evidence of an agreement to have a lease from month-to-month or year-to-year, will establish the termination date.  A renewal clause can extend a lease indefinitely.  However, if there is no provision in the lease giving the tenant the option to renew, there is no implied right to renew.

For contracts entered into on or after October 1, 2007, the law requires that an automatic renewal provision in a contract to sell or lease a product or service to a consumer must be disclosed clearly and conspicuously in the contract.  Additionally, any such contract must disclose clearly and conspicuously how to cancel the contract.  Although an argument can be made that a residentail real estate lease is not a contract for a 'product or service,' it is advisable to capitalize or in some other manner 'clearly and conspicuously' disclose any automatic renewal clause and the manner to which the lease may be terminated in order to avoid any automatic renewal.  A violation of this law makes the automatically renewal clause void and unenforceable.

A written lease should state what happens if the tenant remains on the premises after the agreed time period ends.  This is referred to as 'holding over' and the lease should provide for a continuation of the basic contract, with modifications for the extended term (possibly month-to-month until a new contract is signed), and there may be a rent increase provision.  In the absence of a written agreement, courts have ruled that a tenant holding over under a year-to-year lease may have the right to continue in possession ona  year-to-year basis.  If a lease has any ambiguity relating to renewals, the ambiguous words will be interpreted in favor of the party who did not draft these words.  This is a general rule of contract law, and encourages careful attention to the wording of the lease.

Champion Realty is a team of Raleigh Realtors specializing in Raleigh Homes and other Raleigh Real Estate