Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Starting Out
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 5 years ago,

User Stats

3
Posts
0
Votes
Gerald Spina
0
Votes |
3
Posts

Income properties w/deed restrictions

Gerald Spina
Posted

I have an opportunity to purchase several local properties that were formerly part of a city sponsored revitalization project. According to the realtor because the city was subsidizing the original construction there are restrictions on the deeds.

1. The property must be used for investment purposes.

2. You cannot evict the tenant to increase rents, move into the property or sell to a perspective homeowner.

3. There is no "rent control" on the properties, but you cannot raise the rent above the income level of the tenant. This was put in for the section 8 houses however most of those were sold off.

The realtor states that most of units rent for $700 a month plus water, "which is a stretch for the current tenants who pay $590/month plus water" but they were told rent would increase after the properties were sold. Also most of the tenants are long term tenants some have been there up to 13 years.


On the surface the numbers look good but some of the conversation with the realtor has raised some concerns and I'm not sure how / what to ask to clear these up.

Can I ask for copies of the lease agreements with the current tenants? How do I validate income to adjust the rents? Can I ask for a copy of the deed restrictions? If the tenant was told "rent will go up" can I increase the rent or is the deed restriction keeping the rent at the current numbers?

Like I said on the surface the deal looks like it could be a good income property. But it looks like it could also be a costly can of worms. If these aren't section 8 tenants and they are barely making ends meet. Is there a way I can see how often the tenants have been late?


Any advice you can offer is greatly appreciated.


Thanks