When, indeed, most beginning Rochester investors contemplate making a purchase of a single-family rental property, what generally comes to mind are the operational aspects of the investment: finding tenants, managing property maintenance, and collecting rent. What you may not mull over is that there are, on top of everything else, surprisingly a whole bunch of laws and legal matters that relate to buying and leasing rental homes.
Even though there are certain federal laws pertaining to rental properties nationwide, a large number of the laws that you have to comprehend really well are those on the books of your state, county, or even city. Therefore, it is principal to do your research and get a clear awareness of these laws before you try to buy an investment property.
Real Estate Agency and Licensing Law
One of the most critical people on your investing team is your real estate agent. The laws that govern the relationship between an agent and their clients differ from state to state. As an investor, it’s salient to consider what your real estate agent can and cannot legally do, from disclosures to acting in a dual agency capacity.
Besides that, accept that real estate agents may or may not be well-read or updated in property management laws. You should, in addition, have a familiarity with the procedures required by New Hampshire for having and keeping a real estate license and look into making sure that your agent’s license is current and in good standing.
Transfers of Ownership
Another state-specific set of laws you should know about is those actively engaged in voluntary and involuntary ownership transfers. Voluntary transfers of ownership are those that usually happens when a rental property is obtained. Still, there are certain differences among state laws as regards who will handle the transfer (your real estate agent or an attorney, for example), whether title insurance is required, who pays closing costs, and who owns the property on the day of closing.
Yet, you should specifically learn your state laws about involuntary ownership transfers. These transfers most often happen when the heirs of a deceased property owner inherit the property. Getting a clear understanding of these laws can help you organize and definitely make the process a whole lot easier and simpler whether you inherit property or leave your property to someone else.
Limitations on Use
In several states, local regulations will mandate how a property owner may use their property. Zoning ordinances, deed restrictions, historic preservation programs, and environmental review laws can all limit how a property owner may effectively use their land or structures.
As an investor, it’s critical to be clearly aware of any local ordinances that may hamper your ability to renovate or lease the property you wish to buy. You should, in addition, seek if any occupancy laws impact any plans you have to apply the property as a rental.
Fair Housing and Others
There are federal, state, and even a few local laws dedicated to protecting tenants’ rights and preventing discrimination. So even though understanding and knowing your federal tenants’ rights laws is crucial, you also definitely need to know whether your state has supplemented those laws with stricter versions of their own. You should likewise check conscientiously for any rent control policies that may apply, both current and those most likely to be enacted any time soon.
Having a solid understanding of your local Landlord/Tenant laws and habitability standards will help make certain you manage your investment property the suitable way. Tenants’ rights laws can cover a really surprising wide range of things, from security requirements to frequency and notification about rent increases.
Being aware of all of the relevant and important laws in New Hampshire can be a lot of work, which is understandable why several rental property investors hire Rochester property management experts instead. At Real Property Management Seacoast New Hampshire, we are totally in the know of all the ins and outs of state and federal laws and can ensure that your investment properties are leased and managed according to those laws. Call today at 603-343-2202.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
