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All Forum Posts by: Benjamin Amaral

Benjamin Amaral has started 5 posts and replied 18 times.

Quote from @Adam Bartomeo:

All adults living in the property must apply! We are in Florida and deal with a lot of noncitizens. If they are legal to live and/or work in the US they will have the proper paperwork and be issued the proper numbers to track them and run checks. If he doesn't have it than something is wrong. BTW you don't have to be a citizen to have a SSN.

 Thanks@Adam Bartomeo! I wasn't sure what the deal is with the SSN. That is really helpful to know going forward.

I responded to him yesterday and let him know that the application / credit / background check was non-negotiable. Additionally, he reported a significant portion of his income comes from a side business he has, and he offered to provide me with "a couple of invoices." I also let him know that I would need 3 months of bank statements showing deposits going into his account from the business. He did not respond. Thank you all! Much appreciated.

@Jonathan Greene I appreciate the feedback. I am going to come down a little on rent. I spoke with someone local, and he acknowledged I listed my units at the top of the range, but thought I would get more interest after the election. I don't know if I agree, but found it to be an interesting thought. I think coming down $100 on rent will go a long way to bring in more interest from some stronger candidates. In the meantime, I do have a couple of showings this week.

I just finished a total gut and rebuild of a duplex after a fire, and listed my 2 units a week and a half ago. Very few hits at this time. I am asking for top of the market rent, which certainly has something to do with it. I own this duplex in NH and it's a poor time of year to rent. I have a Canadian applicant, along with his American girlfriend, who want to tour the units and apply. The tenant advised me his girlfriend would submit an application, but not him. He stated he doesn't want his credit report to take any more hard inquiries. He said he's been through the wringer trying to apply for units. He has his Canadian credit report he can provide to me. He said he doesn't yet have a SSN and is working on his citizenship. He has been in the US for over a year. Having not yet verified his income, he would well qualify. He is the only one of the couple that has income right now, with is wife due to start bringing in a small income within a couple of months once she graduates from school. He made the comment that once he establishes a residence, he can then apply for his SSN. Again, he has been here for over a year. Prior to NH, he was living in NJ with his girlfriend. I'm not sure yet if he was on that lease or not.

Definitely some red flags here for me. I will not accept anyone who does not submit an application (I used apartments.com). So he would have to agree to that. Obviously, other people are rejecting him right now. Without a SSN, I'm not sure what the background check would pick up. Maybe he does have a SSN and is not being honest about that. However, it's possible this could all make sense, minus not wanting to submit an application, which he would have to do. I don't know what the deal is with immigration status, being a Canadian, and trying to obtain citizenship and a SSN. Does anyone have any insight into this applicant? I don't want to bother showing him the unit if anyone can give me clear insight into this situation that makes it a 100% no go.


I have been working with a GC since June 2023 on a gut and rebuild of a duplex in NH. This is my first time working on a rebuild or working with a GC. The gut was necessary due to a fire that occurred and the water damage from putting out the fire. I received an insurance pay out and lost rental income through September 2023, which has since ended. The GC provided an initial very rough turn around time of 3-4 months to completion, which would have been to the end of October at the latest. We are now upon April 2024, and at the rate things have been going, still have a ways to go (finish ducting for forced hot air, insulation, sheet rock, paint, flooring, kitchens, bathrooms, finishes, and anything I am missing to bring the units to whole). I have caught the GC in a couple of lies about the status of why there have been major delays, and I'm guessing there have been more along the way. Currently, the ducting and furnaces should have been completed and fired up a few weeks ago, which should have been knocked out in a few days by the plumber, but the process is still ongoing and being piecemealed together. HE indicated he only has one sub for each category he subs, so there is just one plumber he uses for all of his projects. It feels like the GC is treating this major gut rebuild as an after though, or side gig, and not prioritizing it in relation to other jobs he has. He has indicated he has 40 employees that work for him, and he has multiple projects going on at one time. There are many details left out, but to keep it relatively concise that is the gist of the situation. I am considering hiring a mediator to attempt to encourage him to move more quickly, or possibly firing him and finishing the rest myself or hiring another GC to finish the project. I would need to research how quickly I could do this myself or how long another GC may take to complete the rebuild. I am in the Rochester/Somerthworth/Dover area. The GC commutes from Concord, NH, in case that is relevant.

I have learned my lesson to vet the GC selection much more thoughtfully and thoroughly going forward. I will not make that mistake again! Considering where I fund myself now, I am wondering your thoughts on the following:

1. What would you recommend as next steps to obtain the goal of finishing the rebuild as quickly as possible?

2. If you recommend mediation, would you point to any specific mediation association? A friend from Oregon recommended I reach out to the equivalent of the CCB (Construction Contractor's Board) in NH, but it does not look like we have an equivalent association.

I appreciate any input in advance!

Thanks Scott! That thing is a beast. My tree is a pretty massive outward sprawling tree that unfortunately could not be tamed with that piece of equipment. I wish though. It's good to know something like that exists.

The more feedback I receive the more I just want to cut the thing down. The wind is blowing outside now and this tree is living rent free in my head.

Originally posted by @Scott Mac:

Hi Benjamin,

If it were mine, Id have this tree removed and the stump ground down to zero.

A tree that sheds like this is not the type of rental experience I want to offer.

Limbs are very heavy, and add to that the ice weight, and a renters best friend getting into a car with a baby and they are both crushed by a known limb dropping tree is a lawsuit (and emotional mess) I'd rather not have.

Winter tree removal might be cheaper due to low demand and the ability to sell the firewood easier.

Maybe a contractor in your area has one of these and can solve the problem in 30 seconds:  https://www.youtube.com/watch?v=wlIsHojKVPQ

Good Luck!

Originally posted by @Steve K.:

Had the exact same thing happen! Twice! The first time a very large branch came down in 100mph winds and crushed the neighbors brand new BMW (which wasn't insured). Then a few weeks later we had 3 feet of snow and another giant branch came down, crushed a different car parked in the same spot and also took off a corner of the house. Their homeowner's insurance contacted my insurance and it was determined an act of god. My insurance said that if she had been able to prove that I knew the tree was posed a risk, then I may have been deemed negligent and held responsible but since the tree was not an obvious hazard and the neighbor did not express any concerns about it prior to these freak incidents, they had no recourse. The neighbor would have needed to warn me about the tree, asked me to remove it, and kept proof of having done so (such as a certified letter or email, etc. and ideally warned me several times with several forms of proof). I felt bad about the situation however, so I removed all the branches from their property, cleaned it all up and fixed the corner of their house that had been crushed. Even though an arborist said it was a healthy tree, I removed it ($3k because it was massive and in a tricky location). 

 Thanks Steve! Our situations may continue to mirror themselves. TBD! 

That was considerably decent of you to do what you did for your neighbor. How did you handle the the BMW situation?

Originally posted by @Michael Gessner:

@Benjamin Amaral have several arborist look at it and get a few opinions, but remeber which someone mentioned earlier they can and do rot from the inside. The major issue and concearn is your tenet knows and has it documented the tree has already caused damaged twice. Normally it would be an act of God, but I don't care what anyone on here tells you, now it's at the point where it's neglect on your end, you have have the tree pruned and trimmed but if more damage happens in the future you can bet your but your going to end up in court witha suit, 5k or even 7k is much cheaper the a law suit. Best of luck



@Michael Gessner I appreciate it! In my current situation, if you were me, would you reimburse the tenant for the windshield replacement cost from the 2nd storm? I'm 100% going address the issue moving forward, but I'm still teetering back and forth between what to do now in regard to the current car damage

Originally posted by @Michael Gessner:

@Benjamin Amaral it's simple, don't trim it prune it etc. Take the tree down already. 1 if its this close to the driveway then it's already causing damage to the driveway, it's clearly causing damage to the vehicles parked in the driveway so why even waste your time. If it happened twice already it's going to happen a 3rd time, and guess what your going to be back on here asking the same questions. It's the same for if you have trees close to your own personal residence, your out side one day on your deck you see a big oak tree an think to your self wow if that came down one day it will land on my kids matress, guess what you do the next day, yup you guessed it your scheduling a tree co to come in and remove the tree. This is the same thing, it damaged a vehicle twice it will happen again, save your self the headache and remove the tree. If need be replace it with a smaller one. One thing everyone on here is neglecting to mention, if it happens again you will be responsible for any and all repairs to any vehicles, or God for bid someones medical bills.


@Michael Gessner Thanks Michael. I 2nd your opinion. I absolutely don't want this to happen a 3rd time. Unfortunately, it won't be an easy tree to take down. It's a big tree and it's in close proximity to me and my neighbors adjacent drive way, as well as a side street. More reason to take it down, vut this tree could take $5,000+ to be removed. I will see what the arborist says. If he thinks it's a healthy tree then it may make sense to have it pruned/trimmed instead of removed, depending upon the actual cost of removing it. I will heavily rely upon the opinion of the arborist and do what I have to do.

Originally posted by @Matt Devincenzo:

This is the reality of life, there are things outside anyone's control (e.g. wind storm) and things will happen as a result. That fact that they pay rent doesn't mean that an otherwise unforseen situation means it is your responsibility. Their implication is the tree needs care, but I would caution you to not ever agree that is the case. A perfectly healthy tree subjected to 90 MPH winds very well could have branches damaged, same with an ice storm. The fact that these are not normal events means the tree will experience abnormal damage potentially. My guess is the relationship with these tenants will likely not recover, but that doesn't mean this is your responsibility. 

 Thanks Matt. I mostly agree with your sentiment. At this point however, I do clearly feel obliged to have someone assess the tree ASAP, even if that's opening up some level of acceptance there is an issue. If something were to occur a 3rd time, in my opinion, this would cross from a gray area to negligence on my part (with the exception of a severe storm or weather event similar to the first storm). The 2nd storm was a storm with peak wind of 40-50 MPH, but not on the level of the 1st storm (90  MPH). The fact that something did come down a 2nd time does trigger a rationale person to think there's a chance the tree is compromised more than is apparent to the eye.

Originally posted by @Nicole Heasley Beitenman:

I'd amend your lease to specifically state you are not responsible for damage to their vehicles, assuming such a clause is permissible in your state.




Thanks Nicole. I did have something in the lease to address this: "The Landlord is not responsible for any car damage resulting from fire, theft, casualty or any other cause with respect to the car and its contents."