All Forum Posts by: Abass Sheikh

Hello there,

Now that we are deep into eviction proceedings, I am debating whether to testify myself or use a relatively inexperienced PM that was managing my property for the last few months after I ran into the tenant challenges.

If you are wondering why I didn't use a more experience PM with proper contract etc. Due to tenant non payment and other issues I was upfront with potential PMs, those that were initially interested backed off. Thus I was left with a relatively new PM that was just getting started and charged me only 5% rate, but he didn't want a written contract just verbal agreement though I wrote him emails to have some sort of writing in place.

The pros for using the PM may be potential safety since the tenant knows my address and only saw me once just before the day of closing (inherited tenant), testifying myself may mean more exposure and recognition etc. The downside is I may be able to do a better job! What would you do?

  

Just another update: The eviction process is now underway with an upcoming court date. All of a sudden, the PM says the tenant called to say that they would like to leave a day or two before the court date. 

The assumption is that once served with the court date and the reality hit, then they would like to move on. I will like to keep the court process on at least until we get keys or something, but is it worth keeping it on for money judgement as well or pursue that independently? Of course, I will get the attorney's input as well, but I will ask you folks that have been really helpful along the way as well.



 





 

 

Even if you only successfully lease to just one tenant, what happens when that person decides to bring a roommate or family member? I understand at that point you only have a right to be notified within 30 days but you cant do much about it.

@Katherine Earle "Are they in a fixed term lease then? All of my inherited tenants are MTM. So I don’t need to renew it if they are a bad tenant."

Yes, the previous owner had just renewed when I took over. If they pay again, I am seriously considering M2M. The lease doesn't mention what happens after expiry but state law indicates that it goes to M2M if they continue paying rent after lease ends and I continue to accept rent. Does that mean I don't have to have an actual M2M lease? Do you have one or there is similar law?  You might be wondering why not just give non renewal. Well, I have to give 90 day notice and I am concerned I may not see a dime after such notice esp. with old balance that I have to pursue first.

So far, I really like being a landlord here in Michigan. If I started my real estate journey in California years ago, this would’ve been a much bigger nightmare.

Great to hear that. NY seems to be more tenant friendly with longer notice periods and potentially longer eviction process as well. I think M2M may be better for the landlord and may make the tenant more compliant given that if they don't pay, you can easily end the contract rather than pursue eviction (that's assuming you don't get holdover eviction!).

I also made a mistake with inherited tenants. They had a lease and the previous owner claimed they paid on time, but I had different experience with them. I am about to file my third eviction paperwork in around 6 months! My attny sees the positive side that so far they at least paid during the pay or quit period, but its costly since I also use a PM. 

I also found out the tenants spouse that the former owner never mentioned lives there too. 

You can bet I will be very careful with inherited tenants in future!

I thought Albany was one of the cities that passed the "Good cause" eviction law last year meaning you actually cant evict them if they are paying rent unless you have another qualifying reason (lease violation, not giving LL access, criminal activity or LL wants to use unit etc). 

In other words if they are paying rent, you better have another well documented case. May be they know this and are doing the bare minimum to stay put. Good luck!

Just an update. I engaged an eviction attorney and handed over to a PM mostly based on advice from here (many thanks!). At the time they paid up all the dues before proceeding to court during the pay or quit period. 

Fast forward a few months and am in a similar situation but at least understand the eviction process better with a plan to engage the same attorney next week.

However, I ran to another unique situation.  PM visited the unit recently and recommended
some repairs that I immediately approved (it was above the agreed upon threshold for involving me). When they visited the unit again on the agreed upon scheduled repair, apparently the PM got no response after knocking on the door and subsequent phone calls were unanswered. 

I know you might say just give notice and have PM gain access for the repairs, but we made a rookie mistake at the closing where the former owner never gave us a key for the property (claiming tat the tenant took out the only key from the drop box just before closing). At the time they made it sound like it wasn't a big deal. That this happens sometimes and we can just request a copy fron their long term tenants, but given the challenges with their lack of cooperation, I wish I just rescheduled the closing until they got the keys.

Anyhow, my realtor is now suggesting we just use a locksmith to change their locks, give them a copy and keep one for ourselves for emergency entry with notice. Does that sound like a good plan? Or could it be interpreted as illegal eviction if they become uncooperative and say refuse the new keys etc. Thanks in advance for your suggestions.