Discovering homes that are leased

Started by DavidG45 • 18 replies • 284 views

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DavidG45 (Delaware)
Posts: 994

Posted:

I'm sure this has been visited before, but I am curious if anybody has good techniques for discovering which of our homes are being leased as opposed to owner-occupied? We are considering some lease regulations (which our Declarations allow) but the first step would seem to identifying which homes are being leased, both now and in the future.

Comparing owner mailing address to physical address is all I have for now, and it is certainly not 100%.

TIA

TimB4 (Tennessee)
Posts: 21,062

Posted:

Visit your local property office (or county clerk office) and look at the property records.

Of course, many property records are online now.

Most property records include the owners name, property address and the mailing address of the owner.
If the mailing address is different then the property address, it's likely rented.

Just keep in mind that this is not perfect.
Government records can take awhile to update.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Some municipalities require landlords to register their properties. Or the landlord may be doing business as an LLC or has some other form of corporate ownership, and the LLC/whatever has to obtain a business license.

It can be time-consuming to tease out the information. But boards and/or managers may have to complete paperwork verifying the number of rentals in the community, and it's better if they've made a good faith effort to find actual numbers.

CathyA3 (Ohio)
Posts: 6,299

Posted:

And of course there's always social media. :-)

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Death and taxes are assured in life. Have to go to the tax records.

FYI: renters do not pay assessments. However, you also can not trust name on check to be owner. Someone can be paying them for the owner. We require putting lot number on the check. That way we can track who is paying for the lot. We can not assume it is the owner. It will let you compare to the tax records.

Dealing with an LLC is a bit more complicated. It will be under LLC name but have to break off to find who makes up the LLC. That is why some HOAs ban them.

No easy way except for tax records that maybe up to 6 months behind.

As for rental restrictions. Check state laws first. Plus it really is needed to know for the PUD form for some loan types.

Former HOA President

TerriS6 (California)
Posts: 3,284

Posted:

Not that it helps you but in CA, all members are required by law to annually report to association if the separate interest is rented or owner-occupied.

DeanJ
Posts: 1,786

Posted:

As stated, many times the tax address or billing address for the HOA is different from the property address. If you owners are paying by check, the address on the check may be different or from an LLC or other entity. You can also check voter information.

Usually the neighbors know.

KerryL1 (California)
Posts: 14,550

Posted:

Here's the form to which Terri refers in CA. Every owner is required to fill it out and only need do it again when any info changes. Maybe, David, you/directors can make a board policy to require something like it that makes sense for your HOA. https://www.davis-stirling.com/Portals/1/4041%20Notice%20(eff.%201-1-23).pdf?ver=4ESQcNF5cpWym3JaaNlz-g%3d%3d

I've worked with an actual membership list in my HOA that provides both the mailing address and the Unit address, but we cannot tell, when the mailing addy is not in my HOA, if that owner is absentee, i.e., a landlord, OR an owner who lives here part time (about 15% of ours), but wants required mailers to go to their "main" address.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By KerryL1 on 02/05/2024 2:44 PM
Here's the form to which Terri refers in CA. Every owner is required to fill it out and only need do it again when any info changes. Maybe, David, you/directors can make a board policy to require something like it that makes sense for your HOA. https://www.davis-stirling.com/Portals/1/4041%20Notice%20(eff.%201-1-23).pdf?ver=4ESQcNF5cpWym3JaaNlz-g%3d%3d

I've worked with an actual membership list in my HOA that provides both the mailing address and the Unit address, but we cannot tell, when the mailing addy is not in my HOA, if that owner is absentee, i.e., a landlord, OR an owner who lives here part time (about 15% of ours), but wants required mailers to go to their "main" address.

I feel good about the policy we are adopting. But to enforce it we need to know who is leasing their home. That is the challenge.

LetA (Nevada)
Posts: 2,679

Posted:

You can always look at the HOAs roster to see if the mailing address matches the property address,
Google the address to see if the property is on the MLS as a rental. Sometimes realtors will list rentals
on the MLS. Googleing the address you can set filters to check for STRs.

Check the websites for the County Recorder or the assessor's office to see if the addresses match.

You can always check the websites directly for rentals and STRs.

KerryL1 (California)
Posts: 14,550

Posted:

I may have answered your question awkwardly David.

Ask owners whether they live on the premises, rent them out, or leave them vacant. The form I attached serves even more because iii you need it, it gives the HOA to email many items to them that DE statues require (if any) to send USPS. Otherwise tweak it to suit your purposes.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By KerryL1 on 02/05/2024 6:40 PM
I may have answered your question awkwardly David.

Ask owners whether they live on the premises, rent them out, or leave them vacant. The form I attached serves even more because iii you need it, it gives the HOA to email many items to them that DE statues require (if any) to send USPS. Otherwise tweak it to suit your purposes.

Okay, I see what you are saying. That could be helpful. I guess what I am trying to figure out is how to "discover" those homes that are being leased, where the homeowner does not volunteer the information.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By DavidG45 on 02/06/2024 7:14 AM

I guess what I am trying to figure out is how to "discover" those homes that are being leased, where the homeowner does not volunteer the information.

Again, look online:

Welcome To Property records Search Sussex County government

Parcel Search New Castle County

Property Search Kent County

Additionally, a simple way would be to contact the Association and ask for the membership list.
That list should show the owner, the property address in the development and the mailing address of the owner.
If the mailing address is different, it's likely a rental.

SheliaH (Indiana)
Posts: 6,964

Posted:

In my area, the county established a database of rental properties, so you might want to start with checking if yours has something similar. However, that isn't foolproof - registration is voluntary in my community, so if someone's renting a home, you still won't know.

You could try to send out an owner census to everyone, checking if the mailing address and address of the home is the same, and if not, ask for updated contact information. That can 8nclude asking if tge house is being rented out, but people may not tell you or say a relative lives there (how do you prove that's true and what's wrong with a relative living there to look after the house?)

As a practical matter, the association should know if anyone's living in the home in case there are concerns about unknown people hanging around (the owner-landlord might not be aware either) of if something happens on common area close to the home that the owner should be aware of. Telling people that's why you need the information may encourage them to come clean.

For example, if you're in a townhouse community and the parking lot will be repaired, residents may need to move their car by a certain time, or the car will be towed. We had a conversation on this website some months ago about this where the tenants were out of the country and weren't aware of this. Apparently, they didn't leave emergency contact information for the landlord, so when the car got towed, he went ahead and paid the fee to retrieve it, but felt the association should reimburse him (the general consensus in the conversation was no, which I agree with.)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By SheliaH on 02/06/2024 7:44 AM
In my area, the county established a database of rental properties, so you might want to start with checking if yours has something similar. However, that isn't foolproof - registration is voluntary in my community, so if someone's renting a home, you still won't know.

You could try to send out an owner census to everyone, checking if the mailing address and address of the home is the same, and if not, ask for updated contact information. That can 8nclude asking if tge house is being rented out, but people may not tell you or say a relative lives there (how do you prove that's true and what's wrong with a relative living there to look after the house?)

As a practical matter, the association should know if anyone's living in the home in case there are concerns about unknown people hanging around (the owner-landlord might not be aware either) of if something happens on common area close to the home that the owner should be aware of. Telling people that's why you need the information may encourage them to come clean.

For example, if you're in a townhouse community and the parking lot will be repaired, residents may need to move their car by a certain time, or the car will be towed. We had a conversation on this website some months ago about this where the tenants were out of the country and weren't aware of this. Apparently, they didn't leave emergency contact information for the landlord, so when the car got towed, he went ahead and paid the fee to retrieve it, but felt the association should reimburse him (the general consensus in the conversation was no, which I agree with.)

Our town has a mandatory registration process, with annual inspections required, for leased homes. So I thought this would be simple. However, the require a FOIA request to obtain the information. They have been ridiculously slow in responding in the past, and I'm afraid if I hit them with 600 FOIAs at once, every year, they would refuse. So while the information OUGHT to be easy to access, it is not.

I referenced comparing physical address to mailing address in the OP, which is the best we have right now.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By TimB4 on 02/06/2024 7:28 AM

Posted By DavidG45 on 02/06/2024 7:14 AM

I guess what I am trying to figure out is how to "discover" those homes that are being leased, where the homeowner does not volunteer the information.

Tim - Just to clarify, I am the association: I'm the board president. As I mentioned in the OP, the only thing I have come up with is comparing physical addresses to mailing addresses, which will be a decent start. I am hoping others have some tricks and tips that they have found successful.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is not an easy job and the pieces keep moving. It is not like can call up a Realtor. No one has the same ones

The HOA secretary job should be to keep up with members addresses. People get upset that I suggest you go around your HOA and copy down every doors address. This is the most accurate list you are going to have without names.

Plus it should be noted whether or not the owner lives in that HOA house. The HOA still serves notices to that HOA address. The secondary address is a courtesy. The HIa is taking action against the HOA property address.

It also is the address used in public notices published. They use that as the address to publicly notify foreclosure or lien for about 3 months. It also is a good resource to check as if they are not paying the HOA good chance others are serving notice too. I found a few of our owners listed on other property they owned or bank foreclose on their HOA home.

Legals section of your local newspaper is where it is published.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By DavidG45 on 02/06/2024 7:52 AM

Tim - Just to clarify, I am the association: I'm the board president. As I mentioned in the OP, the only thing I have come up with is comparing physical addresses to mailing addresses, which will be a decent start. I am hoping others have some tricks and tips that they have found successful.

Understood.

Other than property records and asking members or residents directly, I know of no other way.

Someone did mention social media and rental sites as an option as well.

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