All Forum Posts by: Alan Bosca

Cost of goods is your rent & repair, etc expenses. 

Hi -

Tenant damaged my building in moving out. I have to return the deposit in a few days by law, but the HOA has yet to decide on which of several bids to go with.

Is it ok to deduct the high bid amount then return the rest if they go with a lower bid after the deposit has been returned?

Thx for any input!

Thx - the renter is in fact licensed, but there have been a number of things that have given me pause, and this asking for comsn split on the day of signing without disclosing going in gives me a bad feeling.  We have been going back & forth for a few weeks on issues & dropping this day of signing doesn't sound right.  Can the agent just say no?

Again, I have no other offers, so I've got a somewhat crappy bird in hand.

Hi -

I have a potential renter about to sign a lease that is hassling my agent for a commission.  I know that it comes out of their pocket, not mine, but (a) can the agent say no if it's being disclosed at lease signing & (b) this type of last minute haggling doesn't sit right with me as a type of personality to be renting to.

The property has been on the market for a couple months with just this offer, so I do have a bird in hand.

Any advice?  Thx!

Hi -

What is the best way to avoid the situation of having a signed lease and no payment before move in?  Don't want to be stuck with a stall for weeks then non-payment.

Does the act of signing make it a valid lease or does the consideration/money need to be delivered to be valid?

Will a clause in the lease saying not valid until money is received, and lease offer is revoked if not received within 3 days of signing solve this?

I'm in California, if someone could point me to relevant law - thx!

Getting someone out there for another quote. Also, I suspect HOA was not trying anything underhanded other than possibly more work than needs to be done, because they are getting additional quotes & welcomed mine.

Thx!

@Greg M.

I hear you re: seems high.

What I'm really asking is am I obligated to start a battle with the HOA about it on the tenant's behalf? It's a tough situation because I can't force the HOA to repair it a certain way, but I don't want the tenants to come after me either. Not sure here. In theory I just pass along the bill & deduct it.

Thx Bjorn - I'm not local to make the repair.  I think their policy is to repaint the whole wall when any issue, but still seems high. 

Hi -

Tenant moved out of my condo & put a nick in a wall that looked fairly small to me - photo attached. The HOA took a while to get me a quote and then sent me a $3400 bill to prep & paint the whole wall.

I am planning to take it out of the tenant's security deposit, but does anyone have advice re: the seemingly very high charge. IE can I be sued for passing along the cost, is it my obligation to force the HOA to get second opinions or request a simple patch? Or do I just deduct from sec deposit?

Thanks for any input.

For some reason these posted sideways, but here are photos.

Hi -

Has anyone ever put language to the effect of "if tenant threatens legal action against landlord or causes landlord to have to seek an attorney's advice, this agreement can be terminated as LL's discretion."  My concern is that I've had tenants who seem great at the outset and total nightmare, constant threats about every little thing after a month or two.  Often due to unforeseen personal issues they have, not actual property condition issues.  

So, of course, one can screen as well as possible, but in the event you get a Jeckyl/Hyde, it would be nice to have language to opt out.  

Month to month doesn't really work for me, I'm talking about a year min lease.

Thx for any input!