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All Forum Posts by: Daniel Bogart

Daniel Bogart has started 5 posts and replied 12 times.

Post: Property management & eviction

Daniel BogartPosted
  • Rental Property Investor
  • San Diego, CA
  • Posts 12
  • Votes 3

Hey all,

We have a property in Phoenix under property management. Our PM is evicting a tenant who is now forcing us to bring the case to eviction court. Our PM suggested that we put some sort of document in place to allow him to act on our behalf in court so that we do not need to have an official lawyer stand in and pay the legal fees. Is this a typical procedure? If so, what sort of document would give him the rights necessary to stand in on at an eviction hearing on our behalf? Thanks.

Post: Seller lied about rent roll & building condition, best recourse?

Daniel BogartPosted
  • Rental Property Investor
  • San Diego, CA
  • Posts 12
  • Votes 3

Recently a few business partners and I invested in a 16 unit apartment complex in Phoenix, Arizona. We were given rent roll for 4 months prior to purchase that showed 15/16 units filled with paying tenants. The P&L statement showed cashflow positive, and aligned with the rent roll. We were also provided with copies of all the current leases. 

We had an inspector we had never worked with look at the property, and he came back with only minor necessary repairs, so we moved forward with the purchase of the complex. Following purchase, we quickly found that only 10/16 units were filled, and only 6/16 units were actually paying rent. 

Units were in disastrous condition, and since purchased, tens of thousands of dollars has been invested in repairs, evictions, and filling the empty units. Our inspector clearly didn't do thorough work, and the rent rolls provided by the seller were fraudulent. We are considering taking legal action against the seller, and possibly the property inspector. What is the likelihood of recovering our losses? What is the effort involved in this type of litigation? Any advice is much appreciated.