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All Forum Posts by: Dan Earl

Dan Earl has started 6 posts and replied 17 times.

Originally posted by @Nathan Gesner:

@Dan Earl if you email me, I'll share a copy of my move-out instructions and a description of the definition of "ordinary" wear-and-tear.

You have a lot more going on here and would be wise to study up on how to document the condition of the home prior to occupancy, how to inspect, how to educate the tenant before moving out, inspecting after vacancy, documenting condition, cleaning/repairs, and deposit disposition. I could literally spend days training you on this. My recommendation is that you find a good book like Every Landlord's Legal Guide by NOLO or The Book On Managing Rental Properties by @Brandon Turner. I bought the NOLO book in 2003 when I bought my first property and it is still the best single source I've found with tons of practical advise, laws for every state, and sample forms that can be edited.

Tenants should never use the deposit as last months' rent. In my state, it's illegal for the deposit to be spent on anything prior to termination and vacancy. If they spend it on rent, you'll have nothing left for cleaning and repairs and the tenant is highly likely to walk away without cleaning at all.

If you have specific questions, feel free to contact me.

 Thank you very much for the suggestion on books and your willingness to share your move out instructions. I will email you right now. Thanks a lot! This forum is a life saver for the landlords by chance/noobs like me. Thanks again!

 Thank you for your reply. 

I doubt they will pay a professional carpet cleaner and I doubt they will leave the house very clean. 

So I guess at least I will have to charge for a pro carpet cleaner and pro cleaning service on top of whatever damage they do when they move their furniture out. 

I just wanted to make sure of the things I can charge and apparently the carpet cleaning and pro house cleaning is standard practice?

So what do you do when they say that you can keep the deposit for the last month's payment? They have been good tenants, but this is something I can see happening when they get notified I am not renewing their lease again. Do you send them an eviction notice and when? 

Thanks a lot.!

Could anyone please share or point to where I can get a template or list of items that need to be done by the tenant before they move out in order to get their deposit back? I greatly appreciate it since I have never had to inspect in order to determine how much should be given back from their deposit. 

Thanks a lot. 

Post: Not renewing lease for Tenant

Dan EarlPosted
  • Moody, AL
  • Posts 17
  • Votes 0
Originally posted by @Kim Meredith Hampton:

Dan,

I Iike to give written notice via email with read receipt, and also via mail along with a list of items treat need to be done to get their deposit back 

 Thank you all for your replies. 

I am drafting an email, but was wondering if you could share or point to where I can get a template or list of items that need to be done to get their deposit back. 

Thanks again

Post: Not renewing lease for Tenant

Dan EarlPosted
  • Moody, AL
  • Posts 17
  • Votes 0
Originally posted by @Kim Meredith Hampton:

Dan,

I would Check your landlord tenant laws in your state, but typically whatever your lease states for your tenants, would be the same for you.

I Iike to give written notice via email with read receipt, and also via mail along with a list of items treat need to be done to get their deposit back 

I checked the Tennessee Residential Landlord and Tenant Act, but there is no mention of how how long of a notice you must give when there is a set date for the lease to expire. 

The act mentions that the landlord or tenant should give a written notice of at least 30 days for a month to month tenancy though.

Is it safe to assume then that 30 days notice is sufficient? 

Also, what do you do if your tenant says they will be using their deposit as payment for the last month? There was no last month paid upfront, only a deposit and first month at lease signing. I just want to think about this beforehand in the event that they try to do this and I have to give a quick on the spot answer. 

Thanks a lot! 

Post: Not renewing lease for Tenant

Dan EarlPosted
  • Moody, AL
  • Posts 17
  • Votes 0

My tenant's lease ends in a couple of months and I am not renewing their lease. 

They haven't done anything wrong, I just need the property back. 

The lease does not state how the landlord should communicate to the tenant that their lease will not be renewed for another year.

It stipulates that the tenant should give 30 days notice to landlord if they are not renewing though. So I will give them more than 30 days notice at least. 

What do you guys do for this? 

Do you have the tenant sign something acknowledging they have been given notice of not renewal or just sending them an email stating their lease won't be renewed for another term will suffice? 

Thanks for any insight. This is the first tenant I ever had, so I am new to this part. 

Let's say you have 1 rental and no other type of income.

Rents after mtg interest, Property taxes and insurance brings income to under 9k and therefore no taxes are owed in this situation. No other expenses for this example.

You then have to include depreciation, but it provides no tax benefit. Depreciation does not create a loss.

This happens year after year for many years.

So in this case depreciation seems to only hurt since it adds up year after year until the property is sold and then you pay taxes on this accumulated depreciation if there is any profit from the sale, but it does nothing to help pay less taxes year after year since income is low anyway whether you include depreciation or not.

Since depreciation is mandatory to include regardless if it helps you or not lower your tax liability, Is there a way to minimize the taxes paid on this depreciation recapture at the time of sale assuming there would be profit?

Trying to find something positive from this scenario.

Insight on this is appreciated and please correct me if I am wrong too.

Thank you.