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Phil Querin Q&A: Applicant Qualifies, Moves In, Does not Sign Rental Agreement

Question: Earlier this summer an applicant applied for residency. He met our screening criteria and we sent a letter indicating that he had been accepted. The applicant lives out of town and started sending rent checks but did not sign the rental agreement. There were also repairs that we indicated to him that he needed to make before he could move in. At this point he has title to the home, refuses to sign the rental agreement and we refuse to cash his checks. What should we do?

Phil Querin Q&A: Accepting Application When You Suspect Applicant Does Not Qualify.

Question: I recently received a rental application from a prospective tenant who is purchasing another tenant's home. I know the applicant to have several judgments against him. He says they have all been taken care of but I don't believe him. I really don't want to spend time processing the application. Do I have to accept and process the application?

Phil Querin Q&A: Accepting Application When You Suspect Applicant Does Not Qualify.

Question: I recently received a rental application from a prospective tenant who is purchasing another tenant's home. I know the applicant to have several judgments against him. He says they have all been taken care of but I don't believe him. I really don't want to spend time processing the application. Do I have to accept and process the application?

Phil Querin Q&A: Resident Convicted of Sex Crime Is Released From Jail. What Can Be Done To Prevent This?

Question: A tenant was convicted of a sex crime - molesting his granddaughters. He will be released from jail shortly. His wife is living in our community, but her name is not on the rental agreement, just her husband's. His intentions are to resume living with his wife in our 55+ Park. What can we do to prevent his return?

Phil Querin Q&A: Resident Convicted of Sex Crime Is Released From Jail. What Can Be Done To Prevent This?

Question: A tenant was convicted of a sex crime - molesting his granddaughters. He will be released from jail shortly. His wife is living in our community, but her name is not on the rental agreement, just her husband's. His intentions are to resume living with his wife in our 55+ Park. What can we do to prevent his return?

Phil Querin Q&A: Ground Under Home Settles - Resident Wants Ground Leveled Under Home

Question: One of my tenants has approached me asking if I would pay to have her mobile leveled. It appears the ground underneath her mobile is settling and the concrete pad has cracked. She indicated that she is worried about the water lines to her home. She has lived in the park for 30 years, and is a former manager approaching 80 years of age. What is my responsibility for leveling mobile homes in the park, even if caused by the ground subsiding?

Phil Querin Q&A: Ground Under Home Settles - Resident Wants Ground Leveled Under Home

Question: One of my tenants has approached me asking if I would pay to have her mobile leveled. It appears the ground underneath her mobile is settling and the concrete pad has cracked. She indicated that she is worried about the water lines to her home. She has lived in the park for 30 years, and is a former manager approaching 80 years of age. What is my responsibility for leveling mobile homes in the park, even if caused by the ground subsiding?

Form 1099 and Protecting Your Investment

Form 1099 and Protecting Your Investment Article provided by Kathleen Landau, Accounting Manager for Commonwealth Real Estate Services since 2009. Kathleen brings over 20 years of accounting experience and knowledge to the Commonwealth team, and as a multi-site property owner herself, understands the unique needs facing property investors and small business owners. ### So before I give you another accounting rule we are enforcing, let me say the goal is to protect your investment! We live in a very litigious society and need to be aware of potential risks and ways to protect our assets. Commonwealth employees are insured through workers' compensation policies and also provided regular training regarding workplace safety. Another area we are striving to improve risk management and compliance is in the area of hiring contractors. When a contractor is hired, the onsite manager must obtain verification that the contractor is licensed, bonded, and insured. In addition, a Form W-9 must be provided for purposes of reporting non-employee compensation on a Form 1099-Misc at the end of the year. The downturn in the economy resulted in many contractors allowing their insurance and licensing to lapse. We are currently working on two projects to confirm all contractors are still in compliance. The first will be a "preferred vendor" list by location. Commonwealth is compiling lists by geographic areas of approved vendors so in an emergency situation your onsite manager or regional manager knows what vendors have up-to-date information on file. Secondly, we will be combining this vendor list with our accounting program to alert us when we need to update the insurance information. The reason to remind our customers of this policy is that some may have "tried and true" contractors that would not be eligible to work at the communities unless they can provide the necessary information requested OR become an employee to complete the task you wish to hire them for. I mention the latter as it is a legal remedy to tackling some of the small jobs that may be better served by hiring specialized temporary employees through agencies. Another option is hiring an individual on a task by task basis for their special skill. Commonwealth wants to be sure we are doing our best to protect your investment by limiting your risk exposure, both legal and financial, associated with contractors working at your communities. Another reminder is that we do send 1099-Misc forms to all contractors annually. The form 1099-Misc reports all non-employee compensation. Amounts paid for employee compensation are reported on a Form W-2. Employees cannot receive a 1099-Misc and Form W-2 from the same employer for similar work. In order to keep away from any proof of control issues, our company policy is to send a W-2 to all employees and make sure all compensation for that individual runs through payroll. All independent contractor payments are reported on a 1099-Misc.