Right to collect rent from my property

[jb_bak]

What is the name of your state (only U.S. law)? North Carolina


The city of Raleigh (russia) has passed something called a prop ordinance where they believe they have the right after multiple violations of tenants causing neighborhood complaints they can revoke the right not only to rent that property, but all others......

Can they do this?? Is that constitutional??

Here is a cut and paste from their website:
Q: What happens if there are more violations at the same address during the permit period?
A: The two-year permit will be extended for an additional two years from the date of any violation. The first violation results in an immediate $50 fine plus $50 per day until it is resolved, plus a warning that the second violation may result in suspension of the property owner’s right to rent that unit. A second violation at the same address during the permit period results in a $250 immediate fine plus $250 per day until the problem is resolved, plus the permit at that address is then revoked for two years, meaning that the property owner cannot rent that unit for two years. A third violation again results in a $250 fine plus $250 per day until the problem is resolved, plus, permits for ALL of the units owned by that property owner that are subject to a PROP throughout the city are revoked for two years.

 

[Who's Liable?]

If it is written as an ordinance than it is lawful in your city...

HOWEVER many of the penalty fees seem completely unreasonable. It seems to me this will last only until someone sets an example and sues the city.

Another gimmick for the city to make a buck in the recession...

 

[Gail in Georgia]

This is also being discussed in other communities where neighbors have made numerous complaints to city officials regarding rental units where landlords don't seem to respond to complaints of excessive noise, vagrancy, possible drug use, etc.. by their tenants.

It is an attempt to make some landlords more responsible for the behavior of their tenants by hitting them in their pocketbook.

The focus is on "multiple violations", giving the landlord a fair number of chances to deal with the issues before the city steps in to revoke the landlords ability to rent their units.

Gail

 

[Baranov]

I seem to recall similar legislation being done in some other city and it was successfully challenged by the landlords in the area. Why should you be responsible for your tenants indiscretions? The state will tie your hands with regard to evicting your tenants and then insist that you control them. I would recommend that you join a landlord association in your area and sue the city on the grounds that it is unconstitutional for you to be liable for someone else's actions. If you sit back and don't challenge it, you county or city will continue to fleece you for whatever they can get out of you.

 

[Gail in Georgia]

Hasn't this PROP been around since 2005???

http://www.raleighnc.gov/publications/Inspections/Housing_and_Environmental/PROP_Brochure.pdf

Gail

 

[FarmerJ]

YES join a landlord group in your area sooner or later the overzealous ( city council and mayor will be faced with legal challenges to this. Reading what you posted the ord is punitive so if thats the case its also time to speak to a atty to have your leases revised as soon as possible in the time being feel free to practice saying doh-brah-eh- oo-trah Comrade ( good morning comrade) Minneapolis mn went thru a period too where the city council became brainwashed to believe that LLs were EVIL and totally responsible for all actions that took place at a rental property including trying to pin down the actions of 3rd partys who did not live at the LLs property but did the doo out infront of the property rather than holding the guilty parties accountable for acts they expected LLS to become social service agency baby sitter and something inbetween all at once. If you must do it then consider investing in a video recording system that will record all common areas of the building and property 24 /7 so you are able to have video proof of what goes on at your property.

 

[Baranov]

With cities hemorrhaging and the continued rise of social programs regardless of whether or not the funds for these programs are available, you can expect that local government will be targeting landlords for extra spending funds. We need to think about whether or not we want to stay in the business. Should we force the local government to provide housing I bet those ordinances will soon become a thing of the past.