PropertyManagementMaven: October 2009

The death of a tenant in Ampy Smith's rental units AGAIN stresses that area landlords are REQUIRED by LAW to maintain the smoke alarms in their rental units.  Smith is quoted in The Hook as having REMOVED all of the batters in the smoke alarms of his 9 townhouses.

From The Hook * OctoberAcclaimed local drummer Johnny Gilmore has died in a fire, and his father was hospitalized after the blaze erupted Thursday night in the musician's room at the Green Leaf Townhouses in midtown on Fifth Street, SW.

"I was talking to him an hour or an hour and a half before it happened," says Rougemont Avenue resident Kenneth Jackson, who was visiting his sister in the unit adjacent to Gilmore's in the nine-unit apartment complex. "He was sitting on the wall, and we were talking about music."

Music was the 45-year-old's life, say those who heard the Johnny Gilmore Trio, Soko, and other artists, such as Corey Harris, with whom he drummed.

"Everybody who's anybody musically in this town played with Johnny Gilmore," says singer-songwriter William Walter, who recently collaborated with him and Tucker Rogers on a live album called Rough Around the Edges.

"Johnny Gilmore's the best musician I've ever met in my life," enthused Charlottesville music critic Stephen Barling in a 2006 round-table. "And that's the truth."

"I went down to Miller's last night, and everyone was just staggering around," Barling says Friday morning. "I'm listening to Soko right now, where Johnny's playing with LeRoi,"- that's LeRoi Moore, the late saxophonist for Dave Matthews Band.

With musical talent, however, came a sort of semi-seclusion that made it hard for musicians and others to reach Gilmore at times.

 

Students at a state Fire Marshal's class examined a charred futon and other debris the morning after.
PHOTO BY HAWES SPENCER

The landlord at the complex where Gilmore lived with his father, Curtis, says that the younger Gilmore's bedroom door was often locked.

"We never could get in his room," says landlord Ampy Smith, mentioning an effort just a day earlier to gain access to measure for window blinds.

And indeed, when the elder Gilmore arrived home the night of the fire, according to Charlottesville fire officials, he smelled smoke and rushed upstairs only to find his son's room locked.

His efforts to break down the door failed, explained Charlottesville Fire Marshal W.A. Hogsten at an October 23 press conference, and by the time firefighters arrived on the scene about five minutes after the 9:25pm 911 call came in, the room had already "flashed over," a condition in which the temperature has risen so high (typically 1,100 degrees Fahrenheit) that material suddenly combusts.

Three early-arriving police officers attempted to reach the room to rescue Gilmore but were turned back by smoke and heat. One was treated and released for smoke inhalation at UVA hospital. Curtis Gilmore, 73, was also treated for smoke inhalation and released the same night.

"This is a tragedy," says landlord Smith. "Both of them are really nice people."

Hogsten says the smoke detector in Gilmore's unit was in an upstairs hallway and appeared to be without a battery. Smith says he's gotten frustrated that tenants sometimes disable the units due to false alarms originating with kitchen smoke- and in fact, firefighters discovered that every single smoke detector present in the 9-unit apartment complex had been disabled or removed.

According to a pair of summer 2008 tests conducted by local fire departments and this newspaper, the most common type of detector, ionization, tends to false alarm eight times more frequently than the competing technology, but fails to promptly detect smoldering fires, the kind most likely to kill people while they sleep.

While Hogsten says it's too soon to be certain what killed Gilmore, the initial investigation suggests it was an accidental fire, and cigarettes- a common cause of smoldering fires- were present in the room.

"This did not need to happen," said Fire Chief Werner, who at today's press conference announced a "call to action" for landlords, homeowners, neighborhood associations, and service organizations to help ensure that every residence in the city is equipped with a smoke detector. And for the first time, Werner made clear that ionization-only detectors- the kind in most homes- are simply not sufficient.

"We think you need to go to the next step and add a dual detector," said Werner, who has maintained his support for the combination technology even as several states have changed their laws in favor of photoelectric-only detectors, and various fire safety organizations have also embraced the technology for its avoidance of false alarms.

Werner says Gilmore's death is a reminder to the fire department that even with a free smoke detector program, "We have more to do."

And, perhaps, that will be one more piece of Gilmore's legacy- one those who knew him say will be large.

"His God-given talent and his passion shouldn't pass Charlottesville by quietly," says Charlottesville musician William Walter. "There will never be another Johnny Gilmore.

From Virginia Fire Code

ARTICLE 5. Smoke Detectors Section 61-5-1. Scope.

In addition to the requirements of the Virginia Uniform Statewide Building Code (VUSBC), and in accordance with authority provided by Code of Virginia, Section 15.2-922, the provisions of this Article shall govern the installation and maintenance of smoke detectors. (9-84-61; 29-84-61; 23-94-61; 13-95-61; 16-98-61;5-02-61.)

Section 61-5-2. Where required.

Smoke detectors shall be installed in the following structures regardless of when constructed:

a) All buildings containing one (1) or more dwelling units.

b) Hotels or motels regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one (1) or more persons.

(c) Rooming houses regularly used, offered for, or intended to be used

to provide overnight sleeping accommodations.

(d) College or university buildings containing dormitories for sleeping purposes.

(e) All local and regional detention homes, group homes, and other residential care facilities for children or juveniles which are operated by or under the Department of Juvenile Justice.

(f) All adult care residences and adult day care centers licensed by the Department of Social Services. (9-84-61; 23-94-61; 13-95-61; 16-98-61; 5-02-61.)

Section 61-5-3. Installation requirements.

(a) Smoke detectors installed pursuant to this Article shall be installed in conformance with the provisions of the VUSBC.

(b) Appropriate permits as required by the VUSBC shall be secured for the installation for the installation of AC-powered smoke detectors; however, no fee will be charged for the permit.

(c) The smoke detectors shall be installed in locations specified in the applicable sections of the VUSBC. (23-94-61; 13-95-61; 16-98-61; 5-02-61; 15-05-61.)

Section 61-5-4. Responsibilities for rented or leased units.

The owner of any unit which is rented or leased, at the beginning of each tenancy and at least annually thereafter, shall furnish the tenant with a certificate that all required smoke detectors are present, have been inspected, and are in good working order.  Except for smoke detectors located in hallways, stairwells, and other public or common areas of multi-family buildings, interim testing, repair, and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detectors within five (5) days of receipt of written notice from the tenant that such smoke detector is in need of service, repair, or replacement.

(23-94-61.)

Landlords shall notify deaf or hearing-impaired tenants of the availability of special smoke detectors. New tenants shall be asked, in writing, at the time of rental, whether visual smoke detectors will be needed. Upon request, the landlord or proprietor shall provide visual smoke detectors, which have an effective intensity of not less than 100 candela, to any deaf or hearing-impaired occupant of any of the following occupancies, regardless of when constructed:

(a) All dormitory buildings arranged for the shelter and sleeping accommodations of more than twenty individuals.

(b) All multiple-family dwellings having more than two dwelling units, including all dormitories, boarding and lodging houses arranged for shelter and sleeping accommodations of more than five individuals.

(c) All buildings arranged for use as single-family attached or detached dwelling units. (23-94-61; 13-95-61; 16-98-61; 5-02-61.)

Section 61-5-5. Enforcement.

The Building, Building Maintenance Official and/or Fire Official are authorized to administer and enforce this Article. (29-84-61; 23-94-61; 13-95-61; 16-98-61; 5-02-61; 15-05-61.)

Section 61-5-6. Relation to other codes.

Nothing in this Article shall excuse any building owner from compliance with all other applicable provisions of the VUSBC and the Code of the County of Fairfax. (9-84-61; 23-94-61; 13-95-61; 16-98-61; 5-02-61.)

 

--
Wallace S. Gibson, CPM
GIIBSON MANAGEMENT GROUP, Ltd.

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".....A flower here, a tree there; yonder a grove, near it a fountain; on this side a hill, on that a river. Indeed I know nothing so charming as our own country. ~ Thomas Jefferson ~

 

A rental resident who just moved into a property I manage has questioned me twice on procedures that are outlined in her lease and Resident Handbook.  When she did not get the favorable response from me that she wished, she started looking on the internet for information on Virginia landlord tenant laws.

I have not used "realtor" approved forms * in over 30 years.....not in California and not in Virginia.  Up until a few years ago, VAR provided a lease form that allowed for the "agent/landlord" to opt into the Virginia Residential Landlord Tenant Act (VRLTA) lease OR the Virginia Landlord Tenant Act (common law) statutes * same lease * just different markings by the AGENT.

A few years ago, VAR changed its lease form and it is now ONLY a VRLTA lease format.  These lease statutes are for larger, multi unit properties and property owners.  My clients do not fall under these statutes and I do not obligate them to the use of these onerous statutes.

I, instead, have a 6-page common law lease format and have adopted several VRLTA provisions into it; however, the VRLTA statutes that are found online to not apply to my tenancies.

When my NEW resident indicated she could not FIND a Virginia Landlord Tenant Act online and that she has questioned two Virginia real estate agents who had never heard of it, it dawned on me that  SOMETIMES real estate agents DO NOT KNOW WHAT THEY DO NOT KNOW!!

Although the difference in these 2 acts is covered briefly in pre-licensing courses, real estate agents who don't know the difference or are only familiar with what VAR has put out need to KNOW the difference.

Jerry Friedlander * an attorney in Northern Virginia * publishes an annual landlord-tenant UPDATE after the VA legislature passes its laws in the spring.  Once you subscribe to his information on the differences between the VRLTA and common law statutes (Peppercorn Paperworks) you can get his annual updates for less than $50.

As VAR members, the property management council provides full-day seminars with attorney Chip Dicks annually around the state after new legislation is enacted.  Chip provides legislation on behalf of VAR and the state apartment association and his law firm is on the cutting edge of landlord-tenant laws nationwide.

As a VA property manager who has to often do the impossible, I have bookmarked the Virginia statutes that apply to the operation of my business.  

The real estate agents who were advising my new residents obviously DO NOT KNOW WHAT THEY DO NOT KNOW! 

Link to the Virginia Landlord Tenant statutes for common law AND commercial leases http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000013000000000000

Link to the Virginia RESIDENTIAL Landlord Tenant Act http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000013000020000000

 

A recent article in The Daily Progress reports on the progress of the new Martha Jefferson Hospital being built on Pantops mountain - about 3 blocks from my office.

I remember the "old" Martha Jefferson Hospital from my youth....one of my best friends lived down the street on Locust Avenue and I drove by it often.

I spent several days and nights in the old hospital in April and May of this year and was pleased to see that many of the current staff will be going to the new and LARGER facility when it opens in 2012.

Although there are currently an outpatient and lab facility at their Pantops current location as well as associated physicians offices, the new facility will be larger and much easier to negotiate than the old facility.

This photo shows the workers as the last beam is put in place to complete the steel structure.

This is the rendering of the new front entry to the Pantops location.

I am advising investment owners wanting to buy in the path of progress to purchase rental property in the Pantops area as well as Lake Monticello which is 15 minutes from the new MJH location.

 

For many years, new construction contained a TRASH COMPACTOR.....now they NEVER have them and I have actually removed them and installed cabinets where space was critical in kitchens....they were too messy, bags were expensive AND recycling efforts make the additional expense for use unnecessary.

Now, the NEXT item that may be obsolete fairly quickly are SECURITY/ALARM systems.  Many area builders are touting that their units have security systems.  The systems usually require a phone line and many residents no longer have a land phone line.  I noted this trend 5 years ago and changed my application forms to ask for e-mail AND mobile phone contact information.  Without a phone line, many newer  systems are are worthless.  Now systems are wireless on individual security systems "wireless" conections; however, these still require electric power and prolonged power outages may cause problems to the system with re-setting necessary when power is restored......all of these obstacles are nuisances HOWEVER, the BIG nuisance is the COST....even with builder installed systems, they are EXPENSIVE for the monthly charge and a 2 to 4 year contract is required.

I never sign an installation authorization for a tenant that is LONGER than their current lease term so the situation where tenants want to install their OWN system rarely happens in my properties....and when they do,  I suggest that residents investigate non-installed systems available at Home Depot (#20) or Lowe's (#48).

 

When it comes to advertising a security system, if it is already installed with a contract with longer than a year, I include the cost in the lease figure and promote the feature in the property listing.

When the system contract is less than a year, I allow that tenants can take over the agreement and pay the cost in ADDITION to their rent AND continue on with the service contract when the current one expires....this way the tenant can decide to continue the service or it can be cancelled at the expiration and offered to future tenants at their own expense.

 

In the not to distant past * rental advertising meant print newspaper ads, usually in-line classified ads AND a sign in the front yard....then it evolved into listings put on online websites, and signs and fewer print newspaper ads.....NOW marketing is 24/7 and advertising is daily.....

I MARKET through my website 24/7.... http://VaHomes4Rent.com ...is available for prospects to preview 24/7 with interior photos and floor plans.  I can tell that prospects are viewing my website through various statistics available through the hosting site HERO AND I can check the on-line click counter.

For single family homes (SRFs) I have a sign in the front yard if it is permitted by the HOA/PUD covenants and my signs have my website on them.

I ADVERTISE by posting a selection of  three to five listings DAILY (expecially WEEKENDS)  on our local Craigslist section...... http://charlottesville.craigslist.org/apa/   I use either the HTML of my HERO property listing or the HTML of a postlet ad.  This allows me to have the same property listed 2X in a 3 day period....

Some might call this AGGRESSIVE MARKETING and I would agree; however, it is getting my properties rented....I post my CL listings early in the day and check back to see their "location" on the site.  Luckily, they rarely fall off the first page/100 listings  at this time of the year because properties have been rented prior to the start of school AND many postings from out of the area have dropped off.

 

 

This is a tough one and I have talked to other property managers as to how they handle similar situations and they handle these instances differently.

Prospect applicant #1 submits an application and arranges a viewing 3 days later.  She is driving 3 hours to view the property. I offer to bring a lease for her if she gives me her move-in date and she can give me a check for the move-in monies if she wants the home.....we meet, she has no move-in date, no check and there is no lease signed....later, after deciding on a move-in date, she continues to e-mail and call wanting the lease.  I repeatedly advise her I require a check for her move-in monies BEFORE I prepare the lease.  I give her until noon on Tuesday to FedEx move-in monies.....

MEANWHILE, a second prospect applicant couple #2 views the property online, submits an application, gives me a move-in date that is a week sooner that #1, FedExs (#11 Denny Hamlin Toyota) me their move in monies and I send out a lease packet.  I receive their faxed lease signature page and consider the property leased.

#1 e-mails that she has sent the money; however, it is not received by the deadline.  #2 gets the home.  I have already put their monies in the bank and will remove sign and lockbox this afternoon.

I did not tell #1 or #2 of each others' interest in the property or that I was holding it for them.  I did not ACTIVELY advertise the property by posting on Craigslist; however, the property remained on my website and ACTIVE in our MLS.

It is MY POSITION that the FIRST applicants to followed my procedures and who wanted the property for the MAXIMUM benefit of my client property owner is the ultimate resident.

What say you?