First property tenant in place? questions

First property tenant in place? questions

Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes

Ok so I am closing on my first property by next week and have alot of questions regarding the tenant who is living upstairs. They have been there for 7 years and pay 625 (rent is 725 but does "maintence" on the property so he saves 100) a month which I believe is under the market by $50. They are on a month to month lease so I can write my own lease now once I close.

First the seller is going to give me his security deposit? Is that something that is allowed or should I allow him to return it to the tenant and then he can give me the deposit himself and start over?

How should I go about getting the rent higher to market value or should i?

Also what exactly is this maintenance that he does? would it involve he is responsible for mowing the lawn, shoveling etc. ? Is this something you typically have one of your tenants do in your multi'families or not?

He also has some of his kids shoes, toys in the attic. To my understanding I should tell him that needs to be clear or charge him a storage space a month?

Also the same is with the garage he has tools etc. in there but I can either make that another charge or if not rent it to someone who wants to store their car?

Still nervous about actually being a landlord but also excited that I am taking on a new experience. I have done a bunch of research but still is a little intimating when you have an existing tenant instead of new ones thanks in advance!

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Real Estate Investor · Baltimore, MD · Member since 2008 · 1k+ posts · 268 votes
15y

Ask the seller for copies of checks (payments) for the past 12 months (at least) to make sure the tenant is up to date. The tenant can easily be 2 months behind and the seller will conveniently forget to let you know.
Review a lease to find out about the maintenance obligations. If it's not in the lease, you might have problems enforcing the guy to do the maintenance, but the discounted rent you will have to honor.

Close in the beginning of the month so the seller will have to give you credit for rent at closing (rent is due on the 1st, close on the 5th and have title company credit you for 25 days of pre-paid rent -- it shouldn't be your problem that the rent hasn't been paid on time, make it the seller's problem to collect it).
Might be that the seller is getting rid of the headache, so you need to be prepared.

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  • Mark UpdegraffBusiness Member
    Real Estate Broker · Rochester, NY · Member since 2010 · 1k+ posts · 685 votes
    15y

    hey Sport,
    Your local RE Attorney should be handling the SD in your closing statement. If they are not, they are not good attorneys. You should get credit for whatever the SD is. If you want to give it back and recollect, I guess you can. But as far as making the current LL do it... good luck. More work, and for no reason in my opinion. If there is a difference in amount let them know when they sign your agreement. Are they on a month to month? If so, you're all set. If not, you'll have to honor the existing lease. Even if they are month to month you need to give notice of the increase. Best time is after closing, don't let them ride then increase, otherwise you're a jerk. If you raise right away you can explain why, and I'm sure you've got reason. think from their prerspective. If you don't raise, then do latter... why? If you just do it straight off, it is because of new management / the last management went into foreclosure ;-)

    Anyway, good luck!

    Remember, market rate takes the condition into account. A lot of times, I'll get something that I COULD rent for more, but given the condition, I can't. So sometimes it is easier to keep the people for a bit and bump the rent reasonable ($25) and bump it again in increments (yearly, bi-yearly) to get in alignment. But if you lose the tenants and the place is trashed, be prepared to sink some cash to capture the "market rate"

    Cheers,
    MC

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    ok another question is that the previous landlord was out of state and he typically paid on the 7th 8th of each month, guy gave him a grace period of 15 days! I plan to charge late fees after the first so should I give him a small grace peroid for the first month and then expect that rent on the first after that? and how does maintenance work on the property? as far as the things listed above snow, mowing lawn etc.

  • Midwest City, OK · Member since 2009 · 3 posts · 1 vote
    15y

    If I were buying a property with a tenant that was there for 7 years and wanting to stay, I'd inspect what the living conditions were and if they were acceptable to me, I'd make every effort not to raise their rent for just $50/month.

  • Real Estate Investor · Sunnyvale, CA · Member since 2010 · 79 posts · 53 votes
    15y

    Hi,
    I think a lot of your questions would be answered by having a good lease agreement in place. There's no hard and fast rules - you can have any dates and conditions you want.
    Having said that

    start fresh, start strong (new management, I'm just the guy doing what The Man tells me) and put the new agreement in place as soon as you can. You inherent the current lease agreement - including the verbal agreements. So get the current landlord to write them down, and get the existing tenant to sign that he agrees that what the current arrangement is. Don't wait until later when your renter suddenly remembers that the old landlord gave him every December as 'rent free' month.

    Separate the maintenance from the rent to make it easier to know who's responsible for what. If your current renter wants to do the job for $100 credit onto his bill no problem. But treat it as a separate, written agreement. Are you sure you understand what he's supposed to do in Fall or Winter - or does he just stay indoors and does zero maintenance ?

    Make it clear that the rent is due on the first and is late by the 3rd. This is just changing the timing so shouldn't impact the current renter. (There's a new sheriff in charge, remember.)

    Next, boil the frog slowly ! Fifty bucks a month extra is nice, if he stays. But a relatively big jump can make him think about leaving. Having a vacancy for a month or two can seriously dent your cash flow so boil him slowly.
    IF (big IF) you want to raise the rent and keep the existing guy then raise the rent by a small increment each year.

    Summary : It's a business so make it clear from the start the you're running a fair, helpful - but rules are rules - business.

  • Real Estate Investor · Pickerington, OH · Member since 2009 · 38 posts · 11 votes
    15y

    Congratulations!

    Is the property in Connecticut? If so:

    -Make sure the seller includes the interest (rate not less than 1.5%) on the SD as it is required to be paid to the tenant annually and/or at termination of tenancy in Connecticut.

    -In Connecticut you cannot charge a late fee until 9 days after the rent is due. Con Stat $$ 47a-4(a)(8), 47a-15a

    The book Every Landlord's Legal Guide from NOLO is a very good reference or you can look up the statutes online.

    Good luck!

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    ok yes, I will tell the sellers about the 1.5% interest, and also what if I put the in the lease a 25$ more than I want but say if they pay by the first they can subtract the 25$ fee as an "incentive" to get them to pay on time. I have heard of other landlords doing this with some success just don't know how this would fit into my lease thanks!

  • Real Estate Investor · Pickerington, OH · Member since 2009 · 38 posts · 11 votes
    15y
    Originally posted by sportf190:
    ok yes, I will tell the sellers about the 1.5% interest, and also what if I put the in the lease a 25$ more than I want but say if they pay by the first they can subtract the 25$ fee as an "incentive" to get them to pay on time. I have heard of other landlords doing this with some success just don't know how this would fit into my lease thanks!

    -The 1.5% is the minimum in the statute. The current lease should state the amount of interest being paid.

    -On the Incentive, If you do this it won't hold up in court as it will appear to a judge that you are charging a late fee prior to the required 9 day waiting period.

    If you are financing this property ask the bank to set your mortgage payment for the 15th of the month. This will allow you to meet the statutes and have time to get your rent and then pay the mortgage.

    -Set up a process for your rent and let your tenant know.
    My (Ohio) rent is due on the 1st, late ($50) if not received by the 5th, If not paid by the 10th the 3 day pay or quit notice goes on the door, and then I evict. If you have a process it will be easier to follow and your tenant will know you will not be a pushover (as long as you always follow it).

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    I didn't realize I wasn't able to charge a late fee in any way possible. That gives the tenant no incentive to pay on time and I have a feeling I will be recieving checks on the 7th and 8th. I will get the mortgage due on the 15th. Also just another quick question the mortgage company requires the lease from my tenant but I am yet to actually go and talk to him and actually get my lease I want to use. The loan officer said I can make up one for now just to show the bank is that something that is ok? thanks

  • Real Estate Investor · Pickerington, OH · Member since 2009 · 38 posts · 11 votes
    15y
    Originally posted by sportf190:
    I didn't realize I wasn't able to charge a late fee in any way possible. That gives the tenant no incentive to pay on time and I have a feeling I will be recieving checks on the 7th and 8th. I will get the mortgage due on the 15th. Also just another quick question the mortgage company requires the lease from my tenant but I am yet to actually go and talk to him and actually get my lease I want to use. The loan officer said I can make up one for now just to show the bank is that something that is ok? thanks

    -You can use an incentive program, I'm just stating that it probobly won't hold up in court if questioned. That is a long waiting period in Connecticut.
    -We didn't have to provide a lease to the mortgage company when purchasing so I don't know if I can help with that.

  • Real Estate Investor · Baltimore, MD · Member since 2008 · 1k+ posts · 268 votes
    15y

    Ask the seller for copies of checks (payments) for the past 12 months (at least) to make sure the tenant is up to date. The tenant can easily be 2 months behind and the seller will conveniently forget to let you know.
    Review a lease to find out about the maintenance obligations. If it's not in the lease, you might have problems enforcing the guy to do the maintenance, but the discounted rent you will have to honor.

    Close in the beginning of the month so the seller will have to give you credit for rent at closing (rent is due on the 1st, close on the 5th and have title company credit you for 25 days of pre-paid rent -- it shouldn't be your problem that the rent hasn't been paid on time, make it the seller's problem to collect it).
    Might be that the seller is getting rid of the headache, so you need to be prepared.

  • Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes
    15y

    lol...welcome to landlording...i tell all my tenants rent is due on the 1st, late on the 2nd, there's a late fee on the 5th, and i evict on the 10th....i get most rent on the 4th...it's just part of dealing with tenants...you could be a stickler to the 1st, but all in all, getting rent on the 4th isn't so bad--i'd rather have a tenant pay me on the 4th than a deadbeat that doesn't pay!

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    Haha ok I will, I also have copies of the checks and he usually pays on the 7th and 8th but I find that it was because the owner was in Cali and the house is in CT and he did give him to the 15th I feel that if I am strict he will tend not to slack and get it to me when its due. are you full time Bryan like MikeOH or do you still work and do this part-time?

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    Also the upstairs tenant will know i am the owner because when the inspector was there he saw me and the agent said meet your knew landlord lol great. Also I happen to drive a BMW not a brand new one but I am worried the tenants will develop an attitude with me and think i am rich or something along those lines that I happen to read about

  • Real Estate Investor · Baltimore, MD · Member since 2008 · 1k+ posts · 268 votes
    15y
    Originally posted by sportf190:
    Also the upstairs tenant will know i am the owner because when the inspector was there he saw me and the agent said meet your knew landlord lol great. Also I happen to drive a BMW not a brand new one but I am worried the tenants will develop an attitude with me and think i am rich or something along those lines that I happen to read about

    Tell them you're the manager acting on behalf of investment company
  • Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes
    15y

    i started out timid like you..over time i said "to hell with it"...i don't care if the tenants know i'm the owner or not....i have a nice rental for them at a fair rate..they shouldn't care who the owner is..i treat them fairly and respectfully and i expect them to reciprocate...it's not rocket science...i thikn you're overthinking a lot of issues...like i said, this is normal and i did the same thing for the first few...after that though, it got much smoother and simpler..now i have a process down! and yes, i do real estate full time between flips and landlording

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    Nice you must be loving life then huh Bryan? lol also I found out the current owner only has a 250$ security deposit coming to me?? I understand the tenant is living off of compensation but how do I go about getting more of a deposit as that is very small. he does seem to take good care of property from when the inspector and me were there, and also from the appraisal pictures I have but still.

  • Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes
    15y

    inheriting tenants means inheriting the good and the bad...be happy this tenant takes care of the place and pays...i dno't thikn you'll be able to get much deposit off of him, not to mention you're trying to raise rents, prohibit him from storing things in teh attic even thoughhe's always done it...tenants dno't like change, so be careful coming in and chaning too much....i'd double check with the tenant how mucht the deposit was and verify that with the lease..then i'd ask the tenant what sorts of repairs the place needs...you'llearn if hte landlord is hiding anything, and you'll also fidn out if this tenant is picky and a pain

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    Great idea I should do that on my final walkthrough then since I haven't contacted the tenant yet and the close is on the 31st..

  • Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes
    15y

    yep sorry about bad spelling..my damn phone keybad is tiny!

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    haha its ok is there an app for this website?

  • Homeowner · Burleson, TX · Member since 2008 · 756 posts · 376 votes
    15y

    I don't like my tenants to do work for rent for me. I have heard about court rulings that say that the tenant then becomes your employee and you have to have all the insurance and pay the taxes for them as an employer would.

  • Real Estate Investor · Baltimore, MD · Member since 2008 · 1k+ posts · 268 votes
    15y
    Originally posted by sportf190:
    Great idea I should do that on my final walkthrough then since I haven't contacted the tenant yet and the close is on the 31st..
    Not to repeat myself, but if you close 5 days later, you are entitled to the 25 days of rent. Think about it.
  • Full-Time Investor · Charlotte, NC · Member since 2009 · 2k+ posts · 1k+ votes
    15y

    george is right...i always try to schedule my closings early in the month...this way you get a credit at the closing table for rent that was collected just yesterday or the day before!

    as for an app, i wish! i think josh may be working on one for the future..can't wait

  • Member since 2011 · 7 posts · 4 votes
    15y

    Seller should have SD in escrow and transfer, if he gives it to tenant; most likely you will never see it and will legally have to give him the SD amount upon his vacating - check your state law and for God's sake, get a RE lawyer.

    You now want to raise the rent after just buying the place? wow, you have a lot to learn about tenants!

    Maintenance; your better off asking the tenant what he does for th $100 reduction in rent; how the heck are we supossed to know?!

    doen with this except to say, buy a LL/T book

  • Wholesaler · Miami, FL · Member since 2010 · 346 posts · 3 votes
    15y

    My closing lawyer also is an investor so I plan to talk to him about it as well, I am probably just overthinking a lot as it is a new experience like Bryan said haha

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