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All Forum Posts by: Brian Smith

Brian Smith has started 4 posts and replied 13 times.

Post: 30 Day Notice

Brian SmithPosted
  • Posts 13
  • Votes 5
Quote from @Theresa Harris:

Was the MTM from the previous landlord or you?  Guessing you want them gone because you suspect something odd is going on.  If you offered them M2M, then if I was the tenant, I'd also be annoyed at you giving notice now.  Why do you have Sept rent from the previous owner?  Rent is due Sept 1, it is odd for tenants to pay well in advance (unless they paid last month's rent with the deposit).

4 weeks is enough to find a new place especially if they get started now and as they have one month's rent to use as a deposit for the new place.


 Thank you for the reply. 

The mtm was from me. And yes I can see their confusion and frustration

Yes, I suspect illegal activity. I like to provide safe and family friendly housing.

I used their "last months" deposit for September as this is considered their last month after being served the notice. The previous landlord held first, last, and security which I was credited at closing.

I found that estopple certificates are great for alleviating this exact issue. On an estopple the tenant indicates what they paid in deposits, current tenancy status, appliances owned, etc. Then the current owner(seller) would sign off on it granted there are no discrepancies. If there are issues the seller is responsible for rectifying those issues before closing. Be sure the deposits listed on the estopples are on the CD at closing. Just food for thought

Try to locate a copy of the lease or a bank statement with her deposit on it as others have mentioned.


Best of luck.

Post: 30 Day Notice

Brian SmithPosted
  • Posts 13
  • Votes 5

Hello,

I am seeking advice for a current situation I have found myself in. New landlord here, please bear with me. 

Questions for later: 

• Is the high level of activity an overreaction to a nonissue?

• Should I allow more than an extra month if it comes down to it?

• Do my decisions make sense to a seasoned landlord?

• How should I handle accepting rent payments for "extra" time?

• With the thought of court in the back of my mind. How can I best avoid such a set back? 

• Suggestions for improvement please.

Here is the back story:

I recently purchased a three family with inherited tenants occupying two of the three units. One unit currently being renovated. Both occupied units signed MTM agreements per my request. (I have not signed and returned a copy to the tenants) Within the past week or so while renovating the vacant unit, Ive noticed an unusually high amount of activity pertaining to one of the occupied units i.e. vehicles stopping at the property for short periods of time, the tenant leaving as a passenger in a vehicle, then returing on foot, different people coming and going on foot. Something seems suspicious... Fast forward to present day, the tenant in question wanted to pay rent for September. I told the tenant that I will be allocating their last months rent, that was transfered from the prior landlord, for the month of September and served the tenant a 30 day notice to quit (no cause). Quick side note, their last months rent is not currently in escrow due to the tenant not being able to provide identification. As you can imagine they were displeased that they were served a 30 day notice as they just signed to continue tenancy on a MTM basis. The tenant made the point to say it will be a difficult task to find new housing in 4 weeks and brought up the idea that the courts would likely let them stay longer. I explained that I would like to see them searching for new housing however if it came down to them needing an extra month we could discuss that as an option in the future, although it wouldnt be establishing a new tenancy.

Post: Affordable housing complex

Brian SmithPosted
  • Posts 13
  • Votes 5
Quote from @Barry Ruby:

@Brandon Buoniconti

Brandon, you don't bring a property to an investor or a lender, you bring them a well thought out transaction that represents an investment opportunity.

What you are describing needs a developer’s eyeballs on it to vet the feasibility and performance of the proposed project


 Thank you for the guidance. I will start making calls tomorrow.

Post: Affordable housing complex

Brian SmithPosted
  • Posts 13
  • Votes 5
Quote from @Colleen F.:

@Brian Smith   No experience but have you looked into Mass Housing and 40B if this is land in MA.    I don't know about grants but I think there is financing.  


 That's some great information. Thank you I will be exploring further!

Post: Affordable housing complex

Brian SmithPosted
  • Posts 13
  • Votes 5

Hello everyone,

I have 5 acres of land located in a city where housing is an ever growing issue. It crossed my mind that this would be a great location for an apartment complex. The city has been contacted and are very much in favor. Meetings are scheduled with city officials to discuss next steps. However, I do have a few questions as to where I should be looking towards next. I know one article of business would be sourcing capital. Its been brought to my attention that there are government grants for projects like these. Has anyone here used any grants on an affordable housing project? My hopes are that the BP community could provide me with some insight on grants and primary stages in a project like this.

Thank you in advance

This is all great information. I would like to thank everyone for their time. Richard F. that's a great idea, I will have them fill out a new application. Sometimes looks can be deceiving, the application will uncover potential issues if any. Thanks a lot for the idea!

Quote from @Bjorn Ahlblad:

The BP leases etc are custom by state and have been drafted by attorneys. Also if you join an REI or LL Association you can network with other members and get leases and support there. Hiring an attorney to come up with leases and forms is, in my opinion, a waste of money.

Thank you for the advice! 

Hello Everyone,

I hope all is well!  I just closed on my first 3 unit. The building came with 1 tenant who, so far, seems to be very courteous, clean, and pays on time. What more could you ask for right? With that being said, I still think it is in my best interest to have a lease signed by the renter. They're currently TAW. In the beginning I wanted to have an attorney draft me a lease agreement. Since then, I found the website called "EZlandlordForms" they have a variety of sections I can add or remove from the standard lease they provide. My question is: would I be better protected if an attorney drafted me a lease? Or should I utilize the basic agreements from the website and or the agreements that Bigger Pockets has available?

Thank you in advance

All the best,

Brandon

Post: LLC or Trust

Brian SmithPosted
  • Posts 13
  • Votes 5

Henry,

I have the multi insurance through a separate agency all together. When I speak with the agent tomorrow I will ask, as you suggested, about specific coverage for my investment/operation. Another member David M, suggested I ask about an umbrella policy. Which to me sounds like a great option to satisfy my needs. 

Thank you for the great advice! I appreciate the time you've taken to answer my questions. 

I hope you have a great week.

Best Regards,

Brandon Buoniconti