Can You Rent Out Your House? Key Considerations
Considering renting your house? Navigate the key financial, legal, and practical considerations involved in becoming a landlord.
Considering renting your house? Navigate the key financial, legal, and practical considerations involved in becoming a landlord.
Renting out a residential property can represent a significant financial undertaking, offering potential income but also requiring careful consideration. This decision moves beyond simply owning a home to operating a business venture, involving various responsibilities and financial implications. Homeowners contemplating this path must navigate a landscape of regulations, prepare their property for occupancy, understand the financial dynamics, and fulfill ongoing obligations as a landlord.
Before listing a property for rent, a homeowner must confirm their eligibility, which involves navigating several regulatory and contractual agreements. A foundational step is to consult local zoning laws and ordinances. These regulations dictate how property can be used within specific areas, ensuring that residential rentals are permitted in the property’s location.
Homeowners residing in communities governed by a Homeowners Association (HOA) must review the association’s Covenants, Conditions, and Restrictions (CC&Rs) and bylaws. These documents often contain specific rules regarding rental properties, which might include rental caps limiting the number of rented units, minimum lease terms, or requirements for tenant approval processes.
Contacting the mortgage lender to understand their policies on renting out a mortgaged property is important. Many mortgage agreements contain a “due-on-sale” clause, which permits the lender to demand full loan repayment if the property’s ownership or occupancy changes. While lenders typically do not invoke this clause for a rental conversion, they may require notification, specific landlord insurance, or even adjust interest rates on the loan.
Once eligibility is confirmed, preparing the property for tenancy involves a series of practical and legal steps. Essential repairs and maintenance address potential issues with plumbing, electrical systems, and heating, ventilation, and air conditioning (HVAC) units. Structural integrity, including the roof and foundation, should also be assessed, along with cosmetic updates like fresh paint and professional cleaning.
Safety requirements mandate the installation and proper functioning of smoke detectors and carbon monoxide detectors. Secure locks, including rekeyed entry locks and deadbolts, are also important. Landlords should clarify utility responsibilities with tenants, determining which utilities the tenant will pay for and establishing a process for account transfers, or if the landlord will retain responsibility for certain services.
Obtaining appropriate landlord insurance is important. Landlord insurance covers rental-specific risks, such as loss of rental income if the property becomes uninhabitable due to damage, liability for tenant injuries on the property, and damage caused by tenants. This specialized coverage typically costs more than a standard homeowner’s policy due to the increased risks associated with tenant-occupied properties.
Estimating potential rental income involves researching comparable properties in the local market, considering factors such as property size, number of bedrooms and bathrooms, amenities, and overall location. Online rental platforms and local real estate agents can provide valuable insights into current market rates.
Owning a rental property involves a range of ongoing expenses. These include recurring costs such as property taxes and landlord insurance premiums. Maintenance and repair costs, including routine upkeep and unexpected repairs, should be budgeted for, with many experts suggesting setting aside 1% to 3% of the property’s value annually for these expenses. Vacancy costs, representing periods when the property is unoccupied and not generating rent, also need to be considered.
Property management fees apply if a professional manager is hired. Utilities, if covered by the landlord, and advertising costs for new tenants also contribute to overall expenses. It is prudent to maintain a reserve fund, ideally equivalent to three to six months of operating expenses, to cover unexpected repairs or periods of vacancy.
Landlords can deduct various ordinary and necessary expenses incurred in the operation of the rental property. These deductions often include mortgage interest, property taxes, insurance premiums, utilities, advertising, and professional fees paid to attorneys or accountants. Depreciation is another deduction, allowing landlords to recover the cost of the building (excluding land value) over its useful life.
Becoming a landlord entails responsibilities that govern the relationship with tenants. A lease agreement outlines the terms and conditions of the tenancy. This document should specify rent amount, due dates, late fees, and detailed rules for security deposits, including how it will be held and conditions for its return. Maintenance responsibilities, pet policies, and occupancy limits are also important clauses to include.
Tenant screening involves background checks, credit checks to assess financial responsibility, and income verification to ensure the tenant can afford the rent, often requiring proof of income that is three times the monthly rent. It is important to conduct these screenings in compliance with fair housing laws, which prohibit discrimination based on protected characteristics.
Landlords must adhere to general landlord-tenant laws. This requires landlords to maintain the property in a safe and livable condition, addressing issues such as working utilities, structural soundness, and pest control. Rules regarding entry into the property typically require landlords to provide reasonable notice, often 24 to 48 hours, before entering, except in emergency situations. Additionally, landlords must follow specific regulations for handling security deposits, including placing them in a separate account and returning them within a state-specified timeframe, typically ranging from 14 to 60 days, with an itemized list of any deductions.
For managing the property, landlords have options ranging from self-management to hiring a professional property manager. Self-management provides direct control but demands time and knowledge of landlord-tenant laws. Conversely, a professional property manager can handle day-to-day operations, including rent collection, maintenance coordination, tenant screening, and addressing disputes, for a fee.