A hubber asked: U.S. Labor laws. can landlord force renter to work in exchange for rent?
71To: Mary Tinkler,
In the U.S. you can not force a renter to do anything...not even pay rent!! When you become a landlord you make a contract with a person and if they do not follow through with their end of the bargin then you have legal ramifications. You most certainly can not force someone to preform labor in lieu of rent. You can, however, make an argeement with them to do some work for you instead of paying rent. I highly recommend that if you do it this way, everything is spelled out and a written agreement is executed. It needs to be exact, what amount of labor for how much rent, covering what rental period, that this is not an on going agreement... just for a certain amount of time. Really, really cross all the T's and dot all the I's because if you end up in court later you will need this document. And again, you can not force it upon them; it must be a mutual agreement.
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I have some very stronge feelings about property management as you can see in the link at the bottom of this page. I feel I must suggest, like I have to others, that you higher a property management company: The will do credit checks, screen renters, and they will know all the laws. You can adjust the rent you charge to cover this cost . Finally, be warned, most States in the U.S. favor the tenant is many landlord tenant situations; perticularly harassment. There has even been cases where people know just how to harass a landlord, and if the landlord reacts in an improper way the tenant ends up with the landlords property through legal channels. Now there are some things I just can't comment on because a licensed Real Estate Agent must be sure not to give legal advice; but there is on thing I must let you know. NEVER, NEVER, cut off a tenants utilities no mater how late they are on rent. It will really hurt you in court.
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Comments
Not that it really changes anything, but I was in a similar situation in South Carolina. When I finally said enough was enough, I was threatened with eviction and a lawsuit, but eventually found that the fellow making all the noise didn't have a leg to stand on. It is amazing the lengths people will go to try to force others to work without pay for their benefit. Hope your friend gets clear of a very uncomfortable situation.
To Mary Tinkler,
You are a good person for being concerned about your friend. If it were my friend however, I would remind her that sometimes we have to go down before we can go back up. It sounds like she is in a terrible situation with a despicable person. I am not a lawyer so i will refrain on saying too much except for I agree with you... it is very wrong and unethical what he is doing and she needs to seek the advice of a lawyer right away. She worked hard for her creditails and should not be treated so badly. People like her Broker make all real estate professionals look bad. Remind her that everyone feels fear when face with huge challenges; and this is a big one. But 1: the feelings of anxiety that she is feeling right now have got to be worst then anything she will feel when she takes action and 2. Feel the fear and take action anyway; the only way she is going to get out of this mess is to move forword. She can do it.
I thought I had heard it all until i heard this one. How Horrid! If there are ways to hurt and take advantage of pople, someone will do it, I'm afraid. Thanks for the info.
It shouldn't happen in America. I just hope Mary Goes back and let's her friend know how much support she has from the Hub page community.
Mary Tinkler says:
2 years ago
Grilfriend, thank you....this BTW is not something I want to do!!!! It is something that is happening to another agent (good friend) I know who is renting from her broker. She's hid the secret in shame. Her broker has been forcing her to work in exhange for owed rent...no paycheck, no deductions, no funds to jump start her own sales. Under threat of being evicted, and of course no $$ because the broker keeps it all. Now she is doing most of the licensed work for the broker's own commission sales and listings, and ALL the web work, too. She gets no part of the commissions. She is afraid she'll be homeless is she refuses or asks for a payroll check. In fact the broker has now started keeping the agents commissions! Ther is NO contract between them, not even for the rental house. AND her husband is disabled!
I told her she should go to both the labor dept., and the real estate commissioner. But the broker has her convinced she has no rights! I'd turn this broker in for her, but not my place, and I could lose a friend.