The Most Overlooked Part of a Rental Agreement or Lease
Every experienced landlord has a good rental agreement or lease with all of their favorite protective clauses. But most landlords forget the most important protection of all: the other stuff you give to your new tenant or resident along with the lease.
Just look at the above picture of a local pharmacy. They’re selling nails. Your new resident will walk in and buy those to hang pictures. If you have plaster or sheetrock walls, that’s bad news for you. The nail is going to rip out a chunk or a gash, especially if what they hang is too heavy. Just below the nails are sticky hooks. Those can be just as bad.
That’s why I give my residents wall anchors. I say, “Go ahead and drill a hole, then tap this anchor in. If you need me to come drill the holes for you, just mark out where you want your pictures and I’ll come in to drill them for you.” During the lease, pictures stay secure. At the end of the lease, the anchors pop out and the holes are quickly spackled or mudded over. Savings: $30 per patch.
Other things you should give a new resident:
- A bedbug brochure: Show them a picture of a bedbug with some information about how they act and what the warning signs are. Make it clear that bedbugs affect clean people so there’s no shame. Tell the resident that they should notify you immediately if they suspect bedbugs so that you can call an exterminator. In a building with apartments above and below, you can save $6,000 by not having to treat the neighbors, as well.
- Move-out and cleaning fees: This itemizes the costs of leaving things dirty upon move-out. Not only is this required before a security deposit can be withheld, but also it motivates people to clean for you. Savings from not having a professional come in to clean the apartment: $300.
- Trash brochure: Tell the resident how they get rid of their trash, where they can buy the right bags, and how they can save money and/or help the environment by recycling. Clean apartments don’t attract mice or cockroaches, which if you need to exterminate, might cost you $1,000.
- Fuel assistance and insurance forms: Tell your new resident how they might qualify for a government subsidy for heating. Also, tell them how cheap renter’s insurance is in case anything gets stolen. More money for them means more assurance to you that the rent will be paid in full and on time. Savings: from $0 to one month’s rent, depending on what kind of bad luck your resident has.
- Tell them it’ll be all right: Everyone at some point runs tight on cash. Tell them you won’t be upset as long as they let you know in advance that they’re going to be late paying rent in any given month. Savings from avoiding “where’s the rent?” worries: priceless.
What else do you tell your new residents? Leave your thoughts in the comments below!
Steely Eyes Toward the Future: Why POSCO is My Favorite Stock
(The following was written on July 25 as the first part of an entry to the Value Investing Challenge. It was just an exercise, as I didn’t meet the criteria for entry. I never developed the figures to go along with the text. Maybe you’ll find it useful. Remember that it’s not about the stock, it’s about the stock and the price. In other words, just because I liked it back then doesn’t mean I like it now. This is not a recommendation for you to buy. Caveat investor.)
The stock market is on a tear, having doubled in the last four years from the mid-recession lows of 2009. But over the same period, steel stocks have suffered. ArcelorMittal and US Steel, the first and 13th largest makers by tonnage, are down 50% over the same period. The cause surely lies among the 2nd through the 12th largest steelmakers, all of which are in Asia, seven of which are in China. The Chinese government and others find it in their economic interest to increase steel capacity locally without regard to global demand. In China alone, tonnage increased over 75% in the four years from 2007 to 2011. Would that they were alone. The same excess capacity plagues all steel companies, who continue to build new plants for greater efficiencies and lower costs. ArcelorMittal are especially hard hit, as they must obtain government permission before mothballing any of their plants in the EU region. Their per share earnings are down 160% since pre-recession mediums seven years ago, putting them solidly into losses. US Steel is also losing money, with its per-share earnings down 110% from 2006 averages.
In the midst of this oversupply chaos sits a placid Korean company with an unassuming name: POSCO. Averaging the previous seven years, which encompass both good times and bad, POSCO’s earnings margin has been 7%, roughly double that of ArcelorMIttal and seven times that of US Steel over the same period. That margin would allow POSCO management to let prices drop 7% while doing nothing and still remain profitable. But we can delight that their steadfast management have already taken action. Unlike ArcelorMittal, who in their worst year had enough operating cash to pay only two-thirds of their interest, or United States Steel, who in their worst year dipped into the piggybank in a big way, POSCO has averaged more than twice the operating cash they need to pay their senior debt. That’s a nice assurance for an equity holder. Over the last seven years, they’ve brought in cash equal to almost 28 (twenty-eight!) times what they paid in interest. Compare this to ArcelorMittal or United States Steel, the best of which brought in only six times what they paid in interest over that seven year period.
POSCO is unique among the steel companies listed on US exchanges in its prudent non-unionized management of employees. Whereas “the majority” of the 245,000 employees at ArcelorMittal are unionized, and likewise for US Steel’s 49,000, only 10 (ten!) employees of POSCO’s 35,000 are. It should be noted that this difference will be material over the long term. Indeed, it’s already being felt. In 2008, United States Steel recognized billions of dollars of “accumulated other comprehensive losses,” which per GAAP at that time did not appear on the income statement, due primarily to defined benefit pension obligations to union employees. This weighs on their record of past performance, and given the industry headwinds and their high-wage, expensive-currency home country, should lead a careful investor to expect more trouble to come of this.
Steelmaker POSCO sounds like a relative beauty, but might we just be wearing beer goggles? POSCO has historically earned most of its revenue in South Korea, a market they see as nearing maturity. Also, they sit alongside one of the world’s last great lunatics, Kim Jong-un, who has his finger on a button that would write him into the history books for all time and destroy many of POSCO’s assets in the process. And as far as the steel industry goes, the worst is yet to come. By some estimates, demand won’t reach supply for another five years. What will happen to our fair POSCO? Let’s look at each fear in turn.
POSCO, as it turns out, is focused neither just on Korea nor just on steelmaking. Management there have seen how their home market has matured and have taken steps to diversify. In 2012, half of their revenue came from overseas. Because they pair revenue and expenses in local currencies, they’ve been relatively immune to currency effects. Surprisingly, they aspire to be more than a steel maker. They acquired Daewoo International in 2010, giving them a global trading company for all kinds of things (cotton, for instance). Daewoo matches buyers and sellers before it commits to any inventory, so it has very little inventory risk, and has to carry committed inventory during shipping for as little as 23 days until the buyer receives and pays. Korea subsidizes the company to perform energy exploration, as well. If they succeed in finding natural gas, for instance, they pay the government back as a simple loan. And if they fail, they pay back nothing. POSCO also uses its steel for construction projects. Their 89.5% owned subsidiary, POSCO Engineering & Construction, performs jobs all over the world. Last year, about a third of their profit came from non-steel activities.
What about North Korea? While we can never know for sure, we can talk about certain mitigating circumstances. Their large plants, Pohang and Gwangyang, are about as far from North Korea as you can be and still be in South Korea. If you’re feeling lucky, that’s plenty of time for a rocket to go haywire. Their construction project in India’s Orissa state is going ahead and will give them an overseas manufacturing capability. When we look at the price of South Korean bonds, and compare that to the price of bonds in Belgium before the outbreak of World War II, we find no parallels whatsoever. In fact, the market sentiment is that South Korea is pretty safe. And overall, we know from history that markets and businesses continue to function even in times of war. If it’s to come, we could do worse than to be invested in a steel maker that will be high on the government’s list of protectees.
Will the next few years be a steel industry bloodbath? It’s impossible to say, but we can see that POSCO has the best financial position, in terms of high earnings margin and low debt, of any large steel maker on US exchanges. More than that, it’s in an objectively good position. We can also wonder and hope that Berkshire Hathaway, already a 5% owner, would act as a back-stop should any crisis occur. I’d like to add that POSCO’s core steelmaking business may be the most advanced in the world. As proof I cite the numerous anti-dumping provisions aimed at POSCO, which indicate that it’s better able to provide low-cost steel than many homegrown steelmakers. Their Gwangyang plant, for instance, is entirely automated and can make a hot rolled product in four hours, start to finish. They’re also a good global citizen. They’re complying with the Kyoto protocols. They’ve had a chrome-free steel offering since 2006 (hexavalent chromium is a repeat offender in steel making and they’ve done away with it entirely). They also hold interesting patents in processes like FINEX, which make steel cheaper with less nitrous oxide and sulfur dioxide. And as if that weren’t enough, they keep about 1,000 scientists on staff at a local university finding ways to keep their plants operating with an environmental friendliness and far-sighted mentality that you don’t see in a company worried about surviving a few lean years. If all this doesn’t convince you of their merits, let’s return to some hard facts: their plants have been operating at over 100% capacity. So when they reduce output, as they have said they would, it will be starting from above maximum. That’s not a bad place to be.
An investor in the United States looking to purchase shares of POSCO can do so most readily through their American Depository Receipts, traded on the New York Stock Exchange. These receipts represent one quarter of a share and come with fees to purchase, sell, and receive dividend payments. They recently amended the fee schedule to increase fees paid on dividends. There are also tax implications, because Korea withholds taxes even when dividends are paid to non-Korean investors. Even with this factored in, investors seem to pay very little for the chance to own one of the world’s greatest steelmakers.
How Many Landlords are Good at Customer Service?
Here’s an interesting, true story with a moral.
I went into a tenant’s apartment to examine their garbage disposal, which had stopped working. It was just a piece of broken glass wedged into the grinder, so I removed that, reset the trip switch, and said, “Let me know if there’s anything else I can do!”
The tenant said, “Actually, the toilet is very slow.”
I thought to myself, “Oh, the previous folks had troubles with this thing… I guess cleaning out the jets only fixed it temporarily.”
I said, “Let me take a look at it.”
It was clean, like the rest of their apartment. I flushed it. It seemed to work.
The tenant volunteered, “We can’t put paper down it. It clogs.”
I said, “What? What do you do with the paper?”
The tenant said, “We put it in that can there.”
I looked in horror at the small trash can sitting beside the toilet.
I said, “That’s horrible! Why didn’t you say anything?!”
The tenant said, “Oh, it’s not a big problem. We didn’t want to bother you.”
I don’t know about you, but I wouldn’t rent an apartment like that. What kind of landlord have they had in the past, where they were afraid to mention that one of the most basic services — a toilet — was hardly working?
I arranged to replace the toilet that very afternoon. I bought the one in the picture because I wanted to make sure that if they decided to flush a bucket of golf balls, it would handle it. They were so grateful they gave me a plate full of rice and beans and a pork rib.
Two lessons to share:
1.) Use wax rings on toilets. When I removed the old toilet, I saw a plastic flange that had been used instead of a wax ring. I think they don’t even sell these anymore. This flange was constricting the siphon trap exit and reducing the flow rate. I probably didn’t need to replace the whole toilet so much as just the interface with the abyss.
2.) Tenants are people too. Whether you tend to be a forgiving landlord or a strict martinet is up to you, but you can easily go too far to either side. Don’t let folks walk all over you, but at the same time, don’t cow them into throwing toilet paper into the trash. Think about it this way: if they can flush an entire bucket of golf balls, then your life will be better, too.
Have you had a similar experience? Share your thoughts in the comments below.
Busier than a one-legged man at a butt-kicking contest
Yes, I guess I am, but I don’t feel that way. Below are some fun statistics from my personal task list, and one big surprise at the end.
(For those of you that don’t know, I follow David Allen’s Getting Things Done to stay in control and Making it All Work to keep perspective. The gist of the first book is simply that you should write down everything that occurs to you and keep this all in one place. That way you never panic that you’re forgetting something. The gist of the second book is that you should keep a separate, shorter list of bigger things that matter.
I also follow Andrew Grove’s High Output Management, which is what inspired me to start taking data on this stuff.)
This first graph shows task completion since I started tracking data last winter:
My collection habit means I go through phases, like May to early June, where I add much more to my list than I can remove. If the blue line stays above the red line indefinitely, my task list will expand forever, and that’s bad. So I want that red line up high. Overall, the red line makes it looks like I only do five things a day. I guess most of what I do is so spontaneous and isn’t on the list.
This second graph shows the quality of my tasks. One of the things David Allen goes on about is making sure that your tasks have a context. So I want that green line down near zero. Most folks would also want that purple line down near zero, too, because that would mean they could retire (nothing left to do). But for me, always thinking about what could be better, I’m okay with letting it pile up until I get some help.
You can see the effect of tracking metrics in these first two graphs. When I first started back in December, I saw literally hundreds of task list items that had no context and appeared undone. I reviewed these all until they had moved to wherever they belonged. Some of them were given contexts and/or set status = “complete.” Others were set status = “maybe someday,” which means I still might get to them. For instance, some day, maybe, I want to dedicate a statue in a park. Doesn’t need to be on next week’s “to do” list.
This final graph speaks to my ability to follow-up. David Allen defines a “tickler” as a reminder to do something. As of yesterday, there were about ten ticklers overdue. The red line indicates that I’m waiting for something and I haven’t set a tickler date. That’s not helpful, so I want that down near zero.
So what’s the big surprise? Since I started tracking data in December, I’ve completed 937 tasks and 23 major projects. That’s about one project a week. Here’s a sampling:
- Win my first freelance consulting job.
- Prove that some physics we were testing in one program works.
- Rent out one apartment. And then another.
- Help Team #1 launch a consumer product (Hands Free Groceries).
- Write a business plan for XYZ (didn’t start).
- Help Team #2 launch a tech startup (ArtistBomb).
- Help Team #3 rewrite the bylaws for a non-profit (had some help on this one).
And I’m not breaking a sweat. Thank you, David Allen and Andrew Grove.
Is Real Estate a Gruesome Business?
Warren Buffett defines a “gruesome business” as one that requires a lot of capital and produces a low rate of return. Is real estate gruesome? Let’s see:
- Does it “require significant capital to engender … growth” (WB, 2007; PB p. 14)?
Yes. The median home price in America is about $220,000. The average rent is about $800/mo. So a home costs almost 23 years in rent. That’s a lot just to get started.
A previous article talked about how potentially $1,700/mo can be spent just on maintaining a $250,000 property. As a percent of rents, that’s definitely a lot.
And once your house is full, you can’t get much more revenue except by buying another house.
- Is your house more like a candy bar or a cup of sugar?
Warren writes (1982; PB p. 15), “[Differentiation] works with candy bars (customers buy by brand name, not by asking for a ‘two-ounce candy bar’) but doesn’t work with sugar (how often do you hear, ‘I’ll have a cup of coffee with cream and C & H sugar please’).
Every house has a little bit of “candy bar” to it, since it’s so rare that any two apartments look and feel the same. But every house also has a little bit of “sugar” about it when customers are looking for “off street parking, laundry, two bedrooms.” I think most apartments are more sugar than candy bar.
- Do you feel real pressure to be “the lost-cost producer” (2000; PB p. 15)?
How many of us landlords have reputations for being big spenders? That’s right, none.
All this doesn’t mean you can’t make money in real estate, but it does mean you need to be very careful. Here are some tips:
- Watch that purchase price. Don’t pay too much for a rental property.
- Work hard to differentiate. Make your ad glossy and your apartment smell good.
- Keep costs down. Shop for insurance every year, refinance if you still haven’t, and spend money on projects that will save money over time, like good rain water management, durable surfaces, and upgraded plumbing.
The Warren Buffett quotes in this article come from his “A Few Lessons for Investors and Managers,” edited by Peter Bevelin.
Five Reasons why Entrepreneurship Isn’t Quite Business
Good entrepreneurship eventually leads to good business. But here are five reasons why the two start out different:
1. Framework
Startups may be inventing either a new product or a new service, but quite often they’re also reinventing a business model. Good businesses, on the other hand, already know how they’re going to make money. Good businesses therefore always have this framework in which they can adapt to changing circumstances, but startups usually search for a bit before they figure out what it is that they’re doing.
2. Customers
Startups have no customers. Businesses focus on the omni-present “voice of the customer,” but startups have to go to extraordinary lengths to find this. They have to develop a product, get it in front of possible customers, and get their feedback. Sometimes, the first “customers” you talk to turn out not to be your customers at all.
This “lack of customer” means many startups have under-developed or non-existent sales and marketing teams. Many high tech startups bet the farm on a single big product unsupported by secondary revenue. If this is the case (and that’s a capital-intensive strategy), you’re much better off thinking about the “company” as a product development team than as a business.
3. Processes
Startups have no established ways of doing things. Good businesses have written processes and procedures AND, less commonly but even more importantly, built-in rules for changing the process. This is at the heart of why so many startup investors place so much stock in “the team.” Good businesses make it possible for ordinary folks to do extraordinary things. Good startups almost always rely on extraordinary folks.
4. Resources
Startups have what seems like too little time and usually no money. Good businesses operate on long timescales with the ability to forecast, budget, and invest. If you’re at a startup, you have to be extremely adept at balancing long-term goals with immediate needs. Many of the building blocks of a real business will seem unaffordable at a time when maybe you should be paying for them.
5. Independence
When you start something new, no one tells you what needs to be done. If you fail to do what matters, your venture fails. In good businesses, there are mechanisms whereby individual accountability is reinforced from the outside. Customers call you back to find out why you haven’t finished their project, your boss tells you what your goal is this week, the manufacturing floor tells you what you need to fix, etc. But when you’re in a startup, you really don’t have a lot of buttressing. Everyone must be highly accountable to themselves with good follow-up techniques and task list management.
Millionaire to Entrepreneur: Death by Climate Change
Last night I saw Robin Chase, Co-Founder and former CEO of zipcar, speak at the Merrimack Valley Sandbox Summit. She told some very engaging stories of the ups and downs of startups. She said that the number one thing was to be intellectually honest with yourself and with your customers, especially if your business wasn’t working. She used two minutes toward the end of her speech to ask us entrepreneurs to remember climate change in our list of things to fix.
At the end of her speech, I found myself first in the line of audience members who pounced on the chance to talk to her in person. I asked, “I’m sure most folks didn’t expect you to talk about climate change tonight. Is there any legislation in particular you want us to support? What do you want us to do?” She said, in a nutshell, “Tell your legislators it’s first on your priority list because it’s so dire. I could tell you all kinds of horrible things but I won’t. Well actually, you and my daughter won’t live to your natural lifespan.”
I raised my eyebrows as if to ask, “Climate change will kill me?” but I was speechless and said nothing.
She answered my eyebrows and confirmed that it was true. I didn’t know whether to laugh or to cry.
Here was a multimillionaire businessperson — the kind of person who, if they said, “You’re doing everything wrong” I would take seriously — telling me, as a mild non sequitur, that she had foreseen my death by climate change. I vaguely recall there being some quick follow-on questions from the others who had by that time gathered around, but I was so wrapped up in my own impending demise that I didn’t pay attention to what was said. In the next pause I looked at Robin and said, “Well, it sounds like my days are numbered, so I’d better get going. Thank you for your time.” I shook her hand and left.
Landlord Forms: A Checklist for your Lease or Rental Agreement
If you have rental property in Massachusetts, here’s a quick way you can check the health and currency of your rental forms. You should have:
- A primary agreement (be it a “lease” or a “tenancy-at-will”), that specifies
- Which space is being rented
- To whom
- How much
- Who pays for utilities (you can’t charge for water unless you have separate meters!)
- Who fixes stuff
- Whether subletting is allowed (I recommend not)
- And if you like your agreement, comment below to tell others where to get a copy
- A summary of everything attached to the primary agreement (all of the “addenda”), which includes everything below:
- An addendum with your custom terms
- Do you keep keys to the apartment? If so, under which conditions may you enter?
- Is parking allowed?
- Are pets allowed? Remember, you can’t charge pet fees or take a pet security deposit.
- Is smoking allowed? Yes, you can prohibit smoking on your property.
- Who replaces smoke detector batteries?
- Are judgments for legal expenses capped?
- Who pays for lock-outs?
- No smoking addendum
- You shouldn’t be held responsible for health effects if someone smokes on your no-smoking property.
- Insect infestation addendum
- Landlords must pay for extermination, but tenants must comply with extermination procedures.
- CORI authorization
- Otherwise you can’t check criminal history.
- Mold addendum
- Tenants must keep the place free of moisture and report any problems immediately.
- Move-out and cleaning fees
- This is required if you think you might withhold from a security deposit.
- Lead disclosure forms and copy of lead report
- You can’t have kids under six years old living in an apartment with lead paint unless the hazards have been brought under interim control or eliminated.
- Bank signature form (w9 signature card, not just w9) for security deposit account
- Security deposits must be held under the tenant’s social security number.
- Utility companies sheet
- As a courtesy, tell your tenants where to go to start gas and electric service.
- Bedbug notice
- Warn your tenants against picking up used mattresses or other furniture off the street.
- Trash sheet, including number for bulk item removal
- Help your property stay clean by encouraging tenants to take advantage of free recycling and affordable bulk waste pick-up, if your city has these programs.
- Tell them which day is their trash day and where to put their trash.
- A condition of move-in
- You need this if you ever have to show a judge or other third party that the apartment was in good shape when the tenants moved in.
- Fuel assistance form
- Many, many tenants qualify for fuel assistance. If they get on fuel assistance, a world of benefits may open up to you, including new refrigerators, insulation, and furnaces. Plus, any money you can save your tenant increases the affordability of your property.
Did I miss anything? Add your comments below!