Unfavourable conditions in life don’t come with pre-calling and pre-planning. But, you have to be prompt enough to deal with all situations predominantly. People are often seen entangled into financial difficulties creating havoc in their life. Sometimes, financial situations are so gruelling that you fall in dire need of selling your property, and get some cash. And, there are greater possibilities that you are surrounded by buyers giving you minuscule amount in return of getting your property/house. Quick house sale, thus, in UK has become widely in vogue. The selling method helps you greatly in getting appropriate amount of money of your house which you want to sell.

The facility of quick house selling is ideal for those homeowners who are in urgent need of selling their home. Reasons for selling their home may be numerous. It may be possible that you are having financial hard-up, as you have to pay off a mortgage. You might get some some more tough situations than it. Another reason may be that you are about to migrate to other country, and you have to sell off your house in pre-determined period. This is where the method of quick house sale comes greatly in handy.

It helps you in selling your property/house in very small time frame. It doesn’t mean that you will be paid a poor amount of money for your house. It is not that. You get the true value of your house. In UK, there are numerous of quick house sale agencies which provide this facility to their customers. Important to add, their service is totally free of any charge and obligation. Once you have sold your house, there are options that you can rent back or buy back the house. Availing this service you all need to do is some online research, and seek a good agency in your area. The best you can do to compare the various price of your house you are being offered by many agencies. And, finally go for the one paying you better.



Sell House Quick

This article highlights the five main reasons that banks decline commercial mortgage loan applications. The reasons provided below do not represent obscure issues, so it is likely that two or three of the reasons described will be important for typical commercial mortgage situations. The first two reasons (business plans and tax returns) will potentially impact all commercial borrowers. Many commercial loan officers will start their loan review process by stating some variation of “Can you show me your business plan?” and “We will need to see several years of tax returns”.

Many commercial projects are too unique for traditional commercial banks. In these situations (even if a commercial borrower has favorable tax returns and an adequate business plan), it is not unusual for commercial borrowers to be declined for a commercial mortgage loan by a traditional commercial lender. Commercial borrowers are likely to be confused when they are turned down and will be unsure as to why it happened and what to do next. For each of the five major reasons that a bank might decline a commercial real estate loan, a strategy is provided for converting the declined loan into an approved commercial mortgage.

Reason # 1:

A bank’s loan officer or loan underwriter is not satisfied that the business plan provided by the commercial borrower supports the requested loan.

Strategy # 1:

Most commercial borrowers will benefit directly from dealing with a commercial lender that does not require a business plan due to the following major benefits:

(1) Reduce commercial mortgage costs by thousands of dollars. A common range for an average business plan (prepared to typical bank specifications) would be $5,000 to $10,000.

(2) Reduce mortgage closing time by several months. Business plans can be prepared before or after applying for a loan, but either way the net extra time required will probably be 1-2 months or more.

(3) If the lender does not require a business plan, there is one less item standing between the commercial borrower and their approved loan.

Reason # 2:

Loan underwriters find something on a tax return that disqualifies a borrower under the bank’s lending guidelines. This “something” will frequently be insufficient net income, but when loan underwriters look at tax returns, there are many other possibilities which produce a similar result. For example, IRS Form 4506 (which authorizes the lender to obtain tax returns directly from the IRS) is routinely required by most traditional banks. Some lenders require this form in addition to current tax returns.

Strategy # 2:

Business loan borrowers will NEVER have Reason Number 2 to worry about if they are applying for a “Stated Income” commercial real estate loan. Very few traditional banks use Stated Income (no tax returns, no income verification, no IRS Form 4506) for a commercial mortgage. Commercial borrowers should seek out lenders using Stated Income Commercial Loans and “Limited Documentation Requirements”. This strategy will not work for all commercial mortgages since there is a maximum loan amount of $2-3 million for most Stated Income Commercial Mortgage Programs.

Reason # 3:

The bank does not generally make business loans for the type of business involved or imposes special requirements that make the loan impractical for the commercial borrower. Fewer and fewer banks are making loans to bar/restaurant properties. Similarly, auto service businesses are frequently given unnecessary (and expensive) environmental reporting requirements. There are many “special purpose” properties such as funeral homes, nursing homes, assisted living facilities, RV parks, marinas, golf courses, bed and breakfast, day care centers, churches and car washes that most traditional banks will not include in their business lending portfolio.

Strategy # 3:

For most business borrowers that can get approved at a traditional bank, there are better options available elsewhere. And “better options” are clearly available ONLY elsewhere when the bank won’t make the business loan in the first place! There are very capable commercial lenders that are interested in unique or special purpose properties.

Reason # 4:

When a business is refinancing their current commercial mortgage and wants to get a significant amount of cash out for various uses, it is not unusual for the bank to limit the amount of cash to amounts as small as $100,000. Even though the bank might make the loan, if they won’t provide the amount of cash needed by the commercial borrower, this is equivalent to declining the loan.

Strategy # 4:

As mentioned in Strategy Number 3, there are better options available elsewhere! The commercial borrower’s mission (and it is not impossible at all) is to use a commercial real estate lender that will allow them to get much larger amounts of unrestricted cash out of a commercial refinancing, i.e. more cash out and no restrictions on what they do with it.

Reason # 5:

The bank will not provide a business loan without adequate collateral, usually in the form of a lien on personal assets such as the commercial borrower’s home.

Strategy # 5:

Commercial mortgage borrowers should seek out lenders that do not “cross collateralize” assets as a condition for obtaining a business loan. This will provide greater flexibility for the commercial borrower and avoid unnecessary (and unwise) connections between personal and business assets.

The situations described above represent five common examples of commercial mortgage problems that can be avoided. Please see http://steve.bush.googlepages.com/home for a review of twelve commercial real estate loan problems that commercial borrowers should (and can) avoid. Another practical summary ( http://aexcommercialfinancing.com/_wsn/page9.html ) provides 14 reasons that a commercial borrower might not go to a bank for a commercial real estate loan.

Copyright 2005-2006 AEX Commercial Financing Group, LLC. All Rights Reserved.



Real Estate Professionals

To better help you to read this article, here are some definitions. A bad credit mortgage is as well referred to as a non-conforming mortgage, an adverse mortgage or sub-prime lending. Bad credit mortgages are mortgage loans for borrowers who have faced financial struggles at some time and have an adverse credit rating and now it is difficult for them to be approved a normal mortgage. The poor credit rating may be as a result of absent or made late instalments on past or current financial arrangements.

When you see the term a ’sub prime’ lender, this is a lender who lends funds to borrowers with blemished or low credit ratings. An ordinary customer of a sub prime lender is a person who struggles to take out funds from other traditional lenders. This is due to them falling into financial difficulty at some point in their lives and now being stuck with a bad credit score. Sub prime mortgages are often called Non conforming mortgages.

If you have a poor credit history, such as previous loan arrears, unpaid debts, been declared bankrupt or had a County Court Judgement issued, then an Adverse Credit Mortgage may be the answer to your problems.

Lenders recognise that just because you may have had financial problems in past years, does not mean that you are not now able to sustain repayments on a mortgage. Lenders rates will vary but will in all likelihood reflect how severe you past credit problems have been.

One drawback for those who have an adverse credit rating is that they will in all probability have to find a larger deposit? this could mean anything up to 30% – 35% depending on the severity of your credit problems.

To assess your particular application, lenders normally employ the offices of specialist underwriters who decide whether you would be in the position to keep up with your repayments if the mortgage is approved. For instance, an applicant with a history of large debts would not be looked on as favourably as say, one who has just gone through a divorce but otherwise had a good repayment record. Proof of income and details of finances etc., will be required to help the assessor decide on your suitability for a mortgage.

Your good credit rating should normally be restored after a period of about three years if you have kept up your mortgage repayments and have no outstanding defaults of CCJ’s. This being so, you should then be able to revert to a standard mortgage – allowing for any tie-ins and redemption penalties.

Being refused a mortgage can depend on what may appear very minor reasons. In some cases these can include the late payment of a bill; not appearing on the electoral roll; financial problems encountered when a student; income history or work history incomplete.

How the internet might assist you in the event you are seeking a bad credit mortgage In the event you have a negative credit record, locating a mortgage established for anybody with bad credit can be difficult. And even in the event you do get a mortgage offer, how will you really know that it is the right mortgage product for you? Accessing the web can be a benefit. There is tons of valuable information on the internet linked to bad credit mortgages like, free mortgage guides, and as well, free access to suppliers of bad credit mortgages. Looking through the web also makes it possible to contrast multiple mortgage providers so that you can find out about all the product benefits and features to conclude if it is right for you. There are as well websites online that will receive mortgage applications online and, there are lots and lots that give instant and free quotes online. This means that you can understand the amount of money you can reasonably manage to afford for a mortgage loan.



Sell and Rent Back

People in today’s society will have differing attitudes to debt and debt repayment. There will always be those individual’s who take a very ‘relaxed’ attitude to debt and debt repayment, however the vast majority will take the matter very seriously and in the case of property ownership, they will take any realistic action to make their mortgage repayments on time. Unfortunately there will always be situations out of the control of even the most conscientious borrower.

Individuals fall into arrears on their mortgage for many different reasons; accident or sickness, redundancy or unemployment, death of a spouse, insolvency or hikes in mortgage interest rates to name just a few. The most common reason for property repossession in current times can be attributed to general high levels of consumer debt. This comes in two forms, secured and unsecured debt. Whether this is due to the borrower making payments on their unsecured debts in priority over their mortgage or a level of mortgage borrowing taken out which their income cannot afford.

But how can a few missed payments on the mortgage lead to property repossession?

Very rarely will a property be repossessed over an isolated incident of a couple of missed payments. The advice given to borrowers who fall behind on their mortgage repayments is to contact their lender at the earliest possible opportunity. Speedy action on the part of the borrower can often reduce the potential arrears and put them on the road to recovery. Delaying action is likely to result in increased mortgage arrears and ultimately could lead to property repossession.

Borrowers have a number of options available to them in the early stages of mortgage arrears. These will include:

* Capitalising the arrears;

* Coming to an agreement with the lender to make good the missed payments over an agreed period of time. This is usually only a viable solution if the borrower can afford to increase the monthly mortgage payments;

* Paying the mortgage on an interest only basis for an agreed period. Of course this will only be an option open to those paying the mortgage on a repayment basis. This method is viewed as an immediate short term solution to relieve the immediate pressure as the arrears will still be outstanding;

* Increasing the term of the mortgage. This will take the effect of reducing the monthly payments, thus making them more affordable;

* Downsizing to a cheaper property. This could allow the borrower to use the cash raised to settle the arrears. This of course is not always a viable option as it is dependant on the seller finding a buyer for the property and so on;

* Surrendering an investment policy – such as an endowment or an ISA attached to the mortgage. Surrendering such policies will usually result in a significant loss to the investor as very rarely will he or she receive the full value of the policy. Consideration must then be given as to how the mortgage will be repaid at the end of the term with no repayment vehicle;

But what happens if an agreement with a lender cannot be made, or a solution found to clearing the arrears?

Handing back the keys to the lender is rarely a good idea. The borrower will still be responsible for paying the mortgage until the lender has sold the property. This will lead to more arrears and arrears charges being made. It must also be understood that prices obtained for repossessed properties will usually less than the market value – The lenders primary aim in this case is to sell the property as quickly as possible in order to recoup their funds.

If an arrangement is not made and the arrears situation escalates then it is highly likely that the lender will seek a legal remedy through the County Courts. The borrower will first be notified of this through a letter from the lender’s solicitor.

In order for the lender to take possession of a property, it is first necessary to petition the County Court for a possession order. The borrower will usually receive a court date for the hearing. Before the County Court will even consider granting a possession order it first has to be satisfied that every avenue has been explored by the lender and borrower. The County Court will take the view that possession should be the very last resort.

The County Court may take one of three course of action:

* It can grant an outright possession order. This will enable the lender to take possession of the property which will usually happen within 28 days;

* It can grant a suspended possession order. This will place an obligation on the borrower to make payments in accordance with the court’s decision, with the suspended possession order enforceable if the borrower fails to keep up the repayments.

* It can adjourn the case until a later time.

Once a possession order has been granted the court will also decide a date on which this order is enforceable. The lender can then take steps to take possession of the property.

Once the lender has obtained vacant possession of the property, they will then follow there possession procedures which will include; changing the locks, disconnecting utility services, taking gas and electric meters and informing the local police of the possession.

Even after the property repossession, the borrower can still redeem the mortgage up until the point of sale. This can sometimes happen if the borrower has been organising a remortgage during this process.

In the event of the lender losing money on the proceeds of the sale, it may take further action if it believes the borrower has the financial means to make good the loss.



Rent Back

It is often seen that as years pass, newer alternatives of older things crop up while the older things fall into oblivion. Secured loans however have withstood competition from a whole range of financial products such as unsecured loans. Unsecured loan lenders tried to deflect borrowers from secured loans by showing them that there home was at increased risk if they took the loan. But, the borrowers who were loyal to secured loans and who knew that secured loan was not as being presented by some others, didn’t move a bit from their choice. Accordingly, secured loans continue to maintain their turf even after years.

Do you know the reason behind borrowers’ insistence to use secured loans? Secured loans help borrowers enjoy a large number of benefits. And borrowers are not ready to give up these benefits by not taking secured loans.

Before going towards the benefits of secured loans, it will be relevant if we discussed about secured loans first. A secured loan is one where amount is lent to the borrower with a pledge that he will repay the loan after a specified period. To give more teeth to the lender, the borrower will have to present certain collateral.

The list of benefits of secured loans to borrowers is endless. Apart from the standard benefits, there are several benefits that will depend on the case particulars. However, we will only talk of the standard benefits of secured loans in this article.

The very first benefit of secured loans is the cheap rate of interest. After mortgage, secured loans charge the lowest rates of interest in the personal finance category. Typical APR on secured loan ranges from 6-25%. Almost all other financial products charge a greater percentage as interest. Many borrowers question the differences between the rates advertised and the actual rates that they have to pay. There may be several reasons for these differences. The rates of interest or APR advertised is the standard rate of interest. However, depending on the value of collateral, borrower’s credit status and several other factors, borrower may not be offered the standard rate. The differences in interest rate may also result because of the delay in accepting the offer. Until borrower accepts offer of loan, interest rate in the entire market changes. The borrower cannot then demand interest on the rate earlier offered.

Another important advantage of secured loans is that borrowers can draw as much of cash as they want. Compare the situation with unsecured loans and you find loan providers cautious in approving loans of higher values. There is always the fear for the non payment of the lent amount. In the case of secured loans, the loan provider is free of any such fears. Thus, borrowers have to just name the figure and the loan is ready.

The discussion about the benefits of secured loans will be incomplete without taking up the issue of easy availability. All financial products are not as easily available as secured loans. It is because of the relative safety that secured loan deals promise to the lender, that no lender will deny these loans to borrowers. Go to any loan provider and you will find secured loan deals

Secured loans are to be used for a diverse range of personal needs. The benefit of secured loan is that it can be fine-tuned to any use. Whether it is debt consolidation or undertaking improvements in ones home, secured loans work as smoothly as ones own cash. The borrower receives the loan proceeds and it is up to him how he uses them. There is a flexibility of use in secured loans. Lenders do not interrupt in the manner of use of the secured loan.

The Benefits of secured loans can be best enjoyed when the borrower has adequately prepared for its amortisation. Would one be able to appreciate the low rates of interest when the asset pledged as collateral is being repossessed by lender? No! Therefore, preparations for the repayment of the secured loan from the first day itself. Either make a monthly payment to the loan provider or discuss an alternative arrangement with the lender. Choose the method of repayment that best suits you and then clear the burden as soon as possible.



Sell and Rent Back

Sometimes the situation demands the quick sale of a house. Suppose your job location is shifted and you want to shift your house, but you have got to get out of your house quickly. Under such a situation it becomes a great headache as how to sell the house quickly. Here follows some effective tips to sell your house quickly.

Set the right price Price

The sale of your house will depend on how you set the price. It is a simple math. Set a right price and your house will be sold quickly. If you fail to set the right price, your house will not be sold. See the price is higher than the prices of your neighbouring houses. Set a price that looks attractive and reasonable to buyers. You can also set the price after you consult your agent.

Be flexible and don’t cling to your initial asking price. Suppose the market is slow. In that case you will have to set a price according to the current market price.

Be patient. If you see the market is slow and cool, don’t get frustrated. Wait for the right buyer.

Hire a sales agent

Don’t think that you yourself will be able sell your house quickly. Every field has a sepcialist. In this regar you will also have to take the help of a sepecialist. So, if you want to sell your house quickly you should contact a good agent who has good reputation in this line. Hire someone who is experienced and has worked as agent in your area. Ask your agent for the comments of the previous clients. So, an experienced agent can help you greatly to sell your house quickly.

Offer incentives

In order to make your house more alluring, you can offer incentives to the potential buyers. There are several kinds of incentives. The common incentives are the coverage of the repair cost until a fixed time and closing-cost help etc. You can also think of offering an incentive such as a higher commission to your agent to have a quick result.

Take online help

Another way that can prove very effective is to take help from online. The recent research has shown that the buyers are incresingly taking online help to buy their houses, because it is the simplest way to find out the right houses. The internet has become the rendezvous both for the sellers and buyers of the houses. There are many popular house buying web sites. So, start advirtising in the intrnet, if you want a quick sale of your house.

Refurbish your house

The first look is important. Make your house look attractive by refurbishing it so that the buyers have a good idea about your house. Find out the defects, if any through a minute inspection. If your house looks fresh and in a very tip top condition, certainly your buyers will feel great interest in buying your house. Follow the above mentioned tips, if you want a quick sale of your house.



Passive Income

Not only Northern Rock sold off its mortgages to international financiers as securities backed by assets, but nearly all UK banks have used the global marketplace to locate cheap funding. Approximately 25% of all UK mortgages were financed with the sale of mortgage backed bonds.

Approximately 200 billion worth of UK mortgaged-backed bonds are currently trading. It is fairly likely that your mortgage is actually owned by an American pension fund or an Australian hedge fund. While you were under the impression that you had a mortgage from your local building society.

Last summer saw the end of asset-backed securities, causing problems for many mortgage lenders, not just the well-publicised Northern Rock situation. These securities were the source of funds for millions of cheap loans of all kinds, not just mortgages. The inevitable result is an increase in mortgage rates and the scarcity of new mortgage funds.

This shortage has taken the wind out of the sails of a housing market. Basic mortgage backed bonds have led to a few problems; the real trouble has come from other collateralised debt problems related to the US sub-prime mortgage meltdown. These funds have caused a ripple effect of serious problems throughout the regular mortgage backed bonds, market. Firstly, there has been depreciation in the reputation of all securities that are backed by mortgaged properties.

In addition, these collateralised debt organisations with the main buyers of British mortgage-backed securities. However, they are no longer in the market for this kind of wholesale debt purchase. International investors view the British housing market as having some similar problems to those that caused the US mortgage meltdown. Namely, that the British housing market way overpriced and can only go down in the immediate future.

These investors believe that there may be a downturn in the housing market in Britain of as much as 10% over the next 12 months. If these investors do not come back to the UK it could cause serious problems for regular British borrowers in finding loan at a decent interest rate. Recent indications from the Chancellor of the Exchequer, Alistair Darling, that a new kite mark, dedication for mortgage lenders will come into place. This should help to bolster the wholesale purchase of mortgage assets, giving British lenders the much needed cash to fund new loans.

Once in place, this new system would allow European investment houses to purchase job lots of mortgages from high Street, building societies and banks in the UK. This boost would not only be financial. It would also be a psychological boost for the housing market that may well stabilise it, and possibly bring about healthy upswing in new mortgages and house purchase.

Is essential the government’s plans to keep the mortgage market buoyant, it has been well publicised over the last year that there is a massive shortfall in the number of houses available, especially for first-time buyers. Therefore, the government is very keen to keep the money flowing keep the new housing estates, blossoming across the country. There is a feeling in the mortgage world of white at the end of the tunnel getting closer, and after budget may soon kick start a new house buying boom.



Quick House Sale

Red flags are warning signs. If you see the warning sign then you won’t fall off the cliff, hit the pothole, or go where no one should go. Take a look at the red flags listed here and don’t see these as negative aspects of reverse mortgage but just reminders of the fact that when big money is involved, there are a few people out there who might get a little greedy now and then. Surprising, yes but it’s true. Reverse mortgages can be wonderful tools for seniors trying to make ends meet by putting their home equity to work. And, like anything else, you’ve got to know where those potholes and cliffs are to get to where you want to be. Here are some reverse mortgage red flags to keep an eye out for.

Red Flag #1. Complicated paperwork may have unforeseen consequences. If you don’t understand the document, you won’t understand the consequences. Take the time to get proper guidance, second opinions, and a review of appropriate alternatives.

Red Flag #2. High cost of a reverse mortgage may outweigh the benefits of alternatives. As in any loan, there are going to be associated fees and costs. These should be clearly spelled out up front. Consult your lawyer, accountant, or other trusted adviser to review any loan application before making a major financial commitment like a reverse mortgage.

Red Flag #3. Uncertain benefits. The strange thing about reverse mortgages is that you cannot calculate the true cost of this loan because it depends on how long you are going to live. But, if you want to pass anything to your heirs, it’s worth considering the alternatives. There is no way to predict the home appreciation and future interest rates so consider the reverse mortgage carefully. Yes, payments come to you tax free but the debt on that asset is going up. This may be fine as long as you live and as long as you live there. Again, just know your options.

Red Flag #4. Tight-lipped lenders. Lenders who don’t fully disclose fees and terms are a big problem. As we’ve just seen in the sub-prime lending mess, many consumers didn’t understand what they were getting into. Some sleaze-ball lenders have gone so far as to work themselves into the deal to gain a large percentage of the property’s appreciation. Ask your lender if they are attempting to gain any percentage of the appreciation as part of their profit.

Red Flag #5. Forcing borrowers to buy additional financial products such as variable annuities. In this case, consumers can lose their principle and the earning potential of that money. Sometimes it’s alright to combine financial products but if you do, please double check the terms with someone who understands both types of products.

Red Flag #6. Numerous front end and back-end fees can be exorbitant. Artificially inflated fees raise the cost to the borrower and deflate consumer benefits fast. Oh yes, the definition of exorbitant can be debated all day long but that is exactly why you need to take the time to educate yourself, get several reverse mortgage proposals, and obtain advice from a trusted expert like your accountant, lawyer or financial adviser.

Red Flag #7. Reverse mortgage counselors imply that they are there to protect the interest of the seniors applying for the loan. This may be legitimate but if they present themselves as a counselor yet, have an affiliation with the lender; there is an inherent conflict of interest. Unfortunately the government still allows this practice. Your tax advisor doesn’t work for the IRS does he? Well then your reverse mortgage counselor should not work for the lender he is trying to protect you from.

Red Flag #8. Borrowers should not pay a referral fee for an agent just for the privilege of introducing you to a lender. That fee has been as much as 10% of the loan amount in some cases. Don’t pay referral fees or finder’s fees for reverse mortgages just find a new agent or broker.

Red Flag #9. You don’t know your lender. Laws and recourse vary from state to state. It’s a good idea to know your lender. Get referrals from family and friends and ask for references from the agent you are talking with.

Red Flag #10. HUD might be a DUD. You cannot assume that because Uncle Sam is guaranteeing some aspect of a reverse mortgage that it is safe or good for your situation. HUD does provide some helpful and free info on its website but it is very limited. If the sales rep says this loan is safe because it’s backed by the U.S. Government, don’t be overly impressed.

Red Flag #11. Information is withheld. When Total Annual Loan Costs (TALC) rates are not disclosed, be careful. When information is withheld and real costs and fees are not fully explained up front, there’s trouble on the horizon.

Red Flag #12. If a borrower’s ability to make a major decision is in anyway questionable, everyone including the agent, the lender, and family members should slow down and get additional professional assistance. If you are dealing with agents and lenders with any degree of integrity they will certainly offer any senior who doesn’t understand the consequences of the reverse mortgage, the resources and time to get more assistance. Families should work together to keep tabs on senior family member’s financial needs and lend a helping hand and a second set of eyeballs to major financial decisions such as reverse mortgages.

Red Flag #13. Alternatives to reverse mortgages are not known. There are several safe and secure alternatives that should be considered.

The bottom line to reverse mortgages is this. There are reverse mortgage alternatives beyond lines of credit or selling your home. Get the facts, recognize the red flags and take the time to do your homework.

Elder abuse is an ongoing concern when it comes to reverse mortgages or other financial products. The best way to fight this problem is to punish lenders who have no ethics and to teach seniors and their family members the facts and the alternatives. Families need to keep closer tabs on senior members and do the homework when it comes to reverse mortgages.



Quick House Sale

Whether you are a landlord or a tenant, you need to know what rights a tenant gains by entering into a lease and paying rent. Below are some of the things a tenant can and cannot do:

1. A tenant can exclude everyone else from the rental property, including the landlord. Most leases, however, modify this right by specifying that the landlord has the right to enter for certain purposes (i) at any time (she smells smoke coming from the premises, for example) or (ii) upon advance notice (a 24-hour advance notice for a routine inspection of her proerty, for example). Applicable law also requires the tenant to allow entry to certain third parties such as a fire code inspector or a policeman with a warrant. If Ted Tenant signs a lease and Laura Landlord fails to move out the previous tenant on time (or lives there herself), then Ted can sue to have the previous tenant or even Laura forcibly ejected.

A word of warning, however – if the previous tenant refused to leave and produces a valid lease whose term hasn’t ended by the time Ted’s term began, then Ted cannot evict the old tenant – he’ll have to terminate his lease and sue Laura for damages. The amount of the damages will probably be equal to the expenses of seeking new premises plus any amount by which Ted’s new rent exceeds the rent he would have paid to Laura (assuming roughly equal accommodations).

2. Suppose the previous tenant’s lease expired but he refuses to move out – what can Ted do? Well, that depends on whether the old tenant is still willing to pay rent. If he isn’t, then Ted will have to sue to eject the old tenant, but will still have to pay rent to Laura even before the old tenant is ejected – and he’ll have to sue the old tenant to get back the rent he paid to Laura, because he cannot sue Laura for it (Laura can also sue the old tenant for ejectment and rent, but she cannot collect rent from both Ted and the old tenant for the same month).

On the other hand, if the old tenant IS willing to continue paying Laura rent even though his lease has expired, then what Ted can do depends on how Laura responds to the old tenant’s offer to continue paying rent. If she refuses the offer, then refer to the last paragraph for Ted’s options. But if she accepts the rent from the old tenant, then she is violating Ted’s lease by refusing to hand over possession of the premises. Ted can either (i) terminate the lease and sue Laura for whatever damages he has sustained(as in paragrpah 2 of item 1 above), or (ii) sue the old tenant for ejectment and damages (but he will not owe Laura any rent for the time the old tenant overstays). If he chooses option (ii) he can also sue Laura for any damages he may have sustained for the inconvenience, but will still have to pay rent from the time the old tenant moves out until the end of the lease term.

Keep in mind that US landlord-tenant law varies from state to state, and is subject to intereptation (which is why lawyers make so much money!)

DISCLAIMER: The following is intended for reference purposes only and not as legal advice.



Real Estate Professionals

Rent control, seen by many economists as old-fashioned, has recently made a surprising comeback in one group of high-growth, dynamic economies – the Gulf.

In December 2007 Dubai’s government toughened up its 2005 Rent Law and reduced the maximum 2008 rent increase to only 5%. Abu Dhabi has likewise capped 2008 rent hikes at only 5%.

In neighboring Qatar, a rent freeze has been implemented while the government is determining the new rent increase cap. For the past two years to February 2008 rent increases were limited to 10% annually

In adopting rent control the Gulf has moved in the opposite direction to the rest of the world. Elsewhere, rent control regimes have generally been dismantled or softened since the mid-1990s.

Rent control has been removed in most of Eastern and Central Europe. Asia has also followed the trend: China, Japan, Malaysia and Singapore have lifted rent controls since the early 2000s.

The Gulf measures have dismayed landlords, and alarmed property investors.

In an extended research article, regimes in about 40 countries are reviewed by the Global Property Guide, an international research firm.

“We believe that rent control is generally harmful,” says Prince Christian Cruz, senior economist at the Global Property Guide.

“But rent control can be benign, if: 1.) it is implemented so that its market-restraining effects are modest; 2.) it helps to defuse public protest about high rents; and 3.) it assists landlords and tenants by providing an agreed framework for contracts,” he continues.

“Most of these conditions are not present in rent control measures in Qatar and UAE. If rent control persists in its current form, the property market boom might grind to a halt,” Cruz notes.

According to a study by economists Basu and Emerson, “he removal of rent control can not only increase efficiency in the rental market, but can also lead to a general lowering of rents, making all tenants better off.”

“Qatar and UAE can learn a thing or two from Canada,” says Cruz. “Although the laws appear to be pro-tenant, the system is not entirely disadvantageous to landlords. Allowable rent increases are based on each province’s CPI, allowing regional disparity,” he continues.

A landlord can usually petition for a rent increase above the “rent increase guidelines” set for the province. Landlords doing so have to apply to that province’s rent authority. Landlord-tenant disputes are resolved by the provincial (small claims) court system, or through a tribunal/arbitration system. The system is very efficient.

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