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All Forum Posts by: Andrew Brewer

Andrew Brewer has started 27 posts and replied 61 times.

Post: Landlords dog may bite someone

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45
Originally posted by @David Cruice:

You're absolutely correct that " The dogs are his, therefore the liability is his."  What your landlord is doing is mitigating his liability.  If he wants to mitigate his liability and you won't sign an addendum then he has only 2 options - (1) Get rid of the dogs or (2) Get rid of you.  Put yourself in his shoes:  You have a nice house with a room you want to rent out.  You also have an equally nice dog, but there's always the possibility that the lovable pooch could bite your tenant - either provoked or unprovoked.  So, to ensure you can keep on renting our your spare room without the possibility of being sued by your tenant should your dog bite him or her, the only way to mitigate your risk is to have the tenant indemnify you by signing the addendum.  You can't have a dog and a tenant without the risk of being sued if you don't have an addendum.  Hope this helps.

 I see your point and you are correct, In his position I would love to not be liable for the actions of my dog. It seems the issue is finding someone willing to sign away their rights. I personally won't do it, but perhaps the next guy will

Post: Landlords dog may bite someone

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45
Originally posted by @David Cruice:

Andrew, although you may not like it, the landlord is doing the absolute right thing in asking you, his tenant, to sign such an addendum in order to indemnify himself.  Don't take it personally.  If the rolls were reversed, you should want to do exactly the same thing as well.  If you have tenants of your own and allow them to keep a dog at the property, I hope you have a pet addendum that indemnifies you against your tenant's dog biting anyone while on your property.  To be honest with you, if I was you and I felt the dogs where safe, I'd most probably sign the addendum.  If I felt the dogs were unsafe, I wouldn't want to stay at the property - addendum or not.  At the end of the day, it's up to you, but finding a good landlord and moving is a pain in the a . . .!  Best of luck, whichever way you decide to go.  

I'm curious as to why the landlord is doing the right thing? The dogs are his, therefore the liability is his. Why should I be responsible for associated costs if his dog bites me? 

If I had a tenant with a dog I would make them sign a pet addendum of course, however it is a different scenario because they would own the dog, not me.

Not trying to be combative with you, just trying to understand your thought process. I don't have any tenants in my rentals with pets, but I will be adding that a clause into leases in the future should I decide to rent to animal owners

Post: Landlords dog may bite someone

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45
Originally posted by @David Cruice:

How long have you got on your current lease?  You can't be required to sign an addendum partway though a lease, but if you don't sign it you'll be looking for a new place in x months.  If you feel the dogs are friendly and don't think they'll bite, go ahead and sign it.  Either way, you or the next tenant the landlord gets is going to be signing the addendum.

I've been in my lease for 6 months and have 6 months left. I've told the landlord that I will not sign the addendum and he is pretty peeved. He seems to think that since he owns the property I have to sign whatever he tells me to otherwise he will throw me out. I have not broken the lease in any way. I carefully read it before signing and make sure that I adhere to it.

Unfortunately I think you are right that I will need to find a new place in 6 months. The dogs are very friendly and I'm not worried about them at all, however I still don't think it is wise to sign away legal rights. I know that sometimes animals (and people) can snap without warning and if that were to happen I don't want to suddenly be responsible for thousands of dollars of medical bills. 

I work in a sometimes dangerous service job and I do my best to be careful and stay safe, however I would never sign away my workers comp and disability rights just in case something ever did happen, I guess I look at this the same way

Post: Landlords dog may bite someone

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45
Originally posted by @Matthew Paul:

So you want the landlord to be responsible for injuries your dogs may cause ?   They are your pets , you and your wife alone should be held responsible for any damages they cause . NOT the landlord .

 read the original post. "One of THEIR dogs"

The dogs are not mine, they are owned by a member of the landlords family and live on the property with the landlord who takes care of them.

Post: Landlords dog may bite someone

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45

Hi Everyone, I have a California specific question.

My wife and I rent a guest house and the landlord just came to our door and asked us to sign an addendum to the lease releasing him from any liability that would arise if we were to be bitten by one of their dogs. 

The addendum states

"Tenants hereby expressly and knowingly release, discharge, and hold harmless Landlord from any and all liabilities arising from any injury, harm, loss, or other events which may occur as a result from Landlord's dogs. Tenants agree to indemnify and hold harmless Landlord against any and all losses, lawsuits or expenses by reason f the liability or potential liability of Tenants pets/dogs or arising out of any claims for damages."

I am wondering if it is legal to sign away your rights to a personal injury claim like this. The dogs are very friendly and we are not worried about being bitten, however we also want to make sure we are still protected IF anything were to happen because you never know. Does anyone have any insight into the legality of this?

Post: cash flow with commercial financing

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45

Hi Everyone, I am trying to wrap my head around how cashflow works with commercial financing. 

From my understanding, commercial financing is typically on a 20 yr amortization schedule and rates readjust every five years. Typically there is also a large balloon payment at some point. I haven't figured out how to accurately plan for the future considering you don't know what your rate will adjust to. 

Can anyone shed any light on how they budget/plan with commercial financing? 

I've heard that a lot a people will simply sell their buildings right before the rate adjustment and buy something new, but i'm interested in long term buy-and-hold. 

Thanks in advance!

Post: real estate analysis and "rules"

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45

Hi everyone, I wanted to pose a question about analyzing potential properties and how to make the numbers work. For my personal goals and purpose of this example I'm looking for long term buy and hold using conventional financing with 20% down at 5% interest assuming closing costs at 5% the house and looking for a minimum of 10% COC return. What I am trying to determine here is a "rule" of my own to use when evaluating potential leads and if this is feasible. I'm looking in the KCMO market and used the average property tax rate of 1.38% in jackson county as my number for taxes(not sure if this makes sense). I would appreciate any insight and positive or negative criticism.

I've heard about the 2% rule, the 1% rule, the 50% rule and how these rules should be used as a general test to determine whether to evaluate a property further. I've also heard that the 2% doesn't really apply at this point in the market cycle and that 1% are harder to find than ever now.

By my calculations, it seems that nothing under the 1.25% rule will cashflow. I realize that everyone uses different numbers but I prefer to be more conservative in mine and here is how I've broken it down. This is also assuming a property is rent ready at purchase. I've used round numbers to make things easier.

purchase price: 100,000

closing costs: 5,000

down payment: 20,000

mortgage: 80,000

rent: 1250   <----- must rent for this amount to make the numbers work

vacancy @ 10% = 125

property management @ 10% = 125

repairs @ 5% = 63

capex @ 8% = 100

taxes @ ~ 1.38% = 137

insurance @ 65/mo

P&I 430/mo

cash flow after all expenses = 205/mo = 10% COC

Does anyone have any opinions? Also is it feasible to be looking for these kind of purchase/rent ratios at this point in the market?

Post: Agent and Deal Funnel Etiquette

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45

Hi everyone, I had a question about etiquette surrounding your agent and your deal funnel, specifically regarding being sent listings from multiple sources and then pursuing them.

Example: I have an agent, but I am sent a listing from a wholesaler who has a property under contract with the owner of the property and I want to buy said property in cash. Do I involve my agent? Do I need to involve my agent? Is it bad form to not involve my agent?

Example 2: Same scenario as above, but I have had a hard time finding comps on said property and would like it if my agent could try to pull some for me

Does anyone have any insight on how to approach scenarios like this where you get leads from multiple sources? I don't want to alienate people because I am ignorant of proper protocol

Post: insights into KC market

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45

Hi everyone, I'm trying to gain some insights into the KC market and get a better feel for the neighborhoods while I prepare for my first purchase. I'll be heading out to KC in a few weeks to check everything out in person but wanted to get an idea for where to look. Does anyone have any insights into good rental areas that they would be willing to share? I'm much more familiar with the KCMO side and there seems to be a lot more information about MO.

Thanks everyone!

Post: connecting with likeminded investors in Greater KC area

Andrew BrewerPosted
  • Developer
  • Austin TX - San Jose, CA
  • Posts 66
  • Votes 45

Hi Everyone, I'm looking to connect with other investors in the KC market. Let me know if you're interested in connecting

Thanks!

Andrew