Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: David Dachtera

David Dachtera has started 94 posts and replied 4490 times.

Post: Would you kick someone out if she keep paying rent late

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990
Quote from @Royce Talbo:
Quote from @Colleen F.:

@Royce Talbo  it could but when I used a system like this the amount usualy was  $25/50 so it didn't really impact who looked at the place. It actually is a good response to people who say it is a little high. You don't negotiate the rent so much as the payment timing. people like to hear the word you get a discount.

$25 is more reasonable, but @David Dachtera said $100 discount thats $1200 a year.  to me that is not worth it as i have only had 3 late payments in the past 10 years.  1 due to medical issues and forgot paid immediately, 1 due to covid and was a restaurant worker, and 1 because lease expired and they didnt update the autopay for the new lease. 


@David Dachtera  nice to know about the court thing.  Maybe because i dont have a lot of properties that I am in a different situation that I never had to deal with this or maybe its the difference in markets that i am not understanding this.  what exactly is the added infrastructure and expenses? does the expenses avoided actually equal the lost rent due to the discount? I understand that its written in the lease that there is a discount from paying on time or early, but this doesnt address the issue of either lowering tenant pool or losing $100/month.  was the $100 just a number you threw out or is that what they really use?  

sorry im a numbers guy, so ill give another example, please correct me or give an example of the numbers how it works out so i can better understand.  not sure what expenses this saves you from, but lets say this happens to 5% of your units and you have 20 units.  at $100 per month per unit, thats $24,000/year lost to avoid expenses. 5%(1 unit) of the 20 units fails to pay rent and you have to go through the whole process of evicting. is that 1 unit equal the $24k lost?

There is no "lost" rent. The only numbers which can be considered "lost" are the late fees you didn't impose because the incentive convinced the tenants to pay early / on-time.

The "Added infrastructure and expenses" are the staff's (or your) time to handle the eviction filings and any related legal / court / etc. fees associated with that activity.

It also provides a "work-around" (where permitted) in those jurisdictions where late fees are limited to lower amounts.

$100 is the real number. I can put you in touch with my former landlord (he's not a denizen of BP), if you think that would help.

Post: Would you kick someone out if she keep paying rent late

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990
Quote from @Royce Talbo:
Quote from @David Dachtera:

You could even combine that with a strategy my former landlord (property manager, really) used to employ: The lease shows that the rent is $xxx, but if paid before the due date there's a $100 discount (incentive = positive motivation; late fees are negative motivation and are less effective).

How does this work? lets say your PM advertises a unit for $1500, then at the signing says $100 discount for early payment?  Wouldn't that lower your tenant pool if the market rent is $1400 and they are advertising over market.  If $1500 is market then isnt he losing you $100 a month? 

It's written in the lease that the rent is - using your example - $1,500 and that you get a $100 discount for paying on or before the due date.

Here's the logic: late fees, etc. require infrastructure and expenses. Also, if you have to take a tenant to court, the judge will award you back rent, but not late fees.

;-) 

Post: Has anyone ever had to sue for specific performance when a seller won't sell?!

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990

Time to let it go and move on.

The seller's issues aren't your problem. Walk away.

Post: Would you kick someone out if she keep paying rent late

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990
Quote from @Tina Lee:

@Zachary Oberlies, thank you Zachary. Not terrible tenant beside paying rent late every month. No drama. However paying rent late almost every month is pretty bad to a lot landlord already I think.


So, it sounds like the only complaint you have about her is the late rent.

First guess time says her income is dependent upon factors she cannot control - tips and other gratuities, sales commissions, etc., none of which are dependable or guaranteed. She may also have variable expenses beyond her control.

Want your property destroyed? Give her a hard time about it. 

Don't want your property destroyed? Patience, compassion and accommodation are in order.

In fact, here's an idea ...

Move her due date from the first to 15th, but find a way to let her think it's still the first. That way, when she pays "late", she's still on time.

You could even combine that with a strategy my former landlord (property manager, really) used to employ: The lease shows that the rent is $xxx, but if paid before the due date there's a $100 discount (incentive = positive motivation; late fees are negative motivation and are less effective).

Another poster suggested you might not be landlord material, and I'm inclined to agree. If she's late, but has not missed a month, you're needlessly getting your own guts in a knot while increasing your efforts and expenses. It's to your own advantage to relax about it and accept the situation as it is. A class in landlording might be helpful to those who get hung up on punctuality to the point of considering legal action (eviction(= increased expenses)).

My $0.02 ...

Post: Potential tenant asking for cabinet upgrades, should I do it?

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990

How quick can you get an estimate on new cabinets?

Show that number to the prospective tenant and ask if they would be willing to negotiate to fund the update ... +$XXX dollars on the rent to cover the cost, then reduce the rent back to market once the update is paid off.

... and, of course, increase the rent based on the update (forced equity).

... or, leave the cabinets as-is and rent the unit at the advertised rate.

My $0.02 ...

Post: Attorney Never Filed Closing Documents

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990

Attorneys are not title companies, and vice-versa.

Close with a title company to help ensure all the bases are covered.

Have an attorney review and verify all closing documents and provide other advice.

Before you take short cuts to try and "save" money, ask yourself: "How much money can I AFFORD to 'save'?"

My $0.02 ...

"...a less than perfect deal"?

Something I often post to other social media sites: "'Perfection' is a fictitious town in Nevada from the 'Tremors' movies. Stop looking for it." There's even a Facebook group called "Done is better than perfect".

Something else I've posted to these forums multiple times: "The School of Hard Knocks is THE most expensive education out there." BP podcasters and other hosts have posted about much money they lost on their early deals through ignorance and inexperience. Some of them could have paid for their education 5 times or more just with their early losses.

"Over thinking" (I call it "insight") can help you find potential problems and pitfalls, even ones you've not encountered before. It only holds you back when you get stuck there.

My $0.02 ...

Post: how to evict a horrible tenant

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990

Hhhmmm... Well, first guess time, the worst of his behavior is likely to occur when he's intoxicated. Maybe get law enforcement involved as well as consult your attorney for actions you can take.

Shaming him out could backfire and result in damage to the property. Not sure I'd recommend such actions. He sounds like the kind who transmutes shame into blame - it's not his fault for f---ing up, it's your fault for calling him on it and that never turns out well.

Post: I found a property without an Agent

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990
Quote from @Michael Peralta:

Hi -

Is it possible to draw up a offer letter without an agent? I think I found a solid home I want to capitalize on.

I did all the work myself so I feel guilty in giving someone a cut if I went through the trouble of doing all the work but, need assistance drafting up a solid offer letter. Any advice or template available?


Your attorney should be able to help you. You'll be signing legally binding contracts at closing; so, you should be using an attorney whether you have a buyer's agent or not.

My $0.02 ...

Post: Tax default auction in California????

David DachteraPosted
  • Rental Property Investor
  • Rockford, IL
  • Posts 4,609
  • Votes 2,990
Quote from @Jay Hinrichs:
Quote from @Eli Kallison:
Quote from @Jay Hinrichs:
Quote from @Lauren Ruppert:

Thank you Mark!  

    One more question, will a title search indicate all liens on a property?  I want to make sure I do my due diligence, but I'm not sure what else I might have to check after having a title search done. 


Tax sales in CA wipe out everything but IRS liens and the IRS just has a few short months to redeem and pay U interest  they never redeem.. CA tax sale is the safest tax sale I have seen for those that are worried about liens.. NOW whats more important and risky is usually access issues encroachments  non build-ability  code violations etc.. but not monetary liens those all get wiped out.

It's my understanding that state tax liens (not just the county tax liens from the foreclosing county), child support, and mechanics liens survive the CA tax auctions as well. 


if they do the laws have changed..  at least with Mechanics liens.. for sure those are extinguished along with mortgage debt and my experience of doing this for 20 years and 1000 plus purchases is nothing stuck. Since 99% of what we bought was bare land maybe those owners did not have these other liens.  Very few improved properties ever sell in CA at tax sale. They all get redeemed either by the lender or the owner or other investors who pick them off of the default list and make a deal with tho owner to buy them pre  tax sale.

Child support? Why is that a lien against the property instead of a judgement against the owner of record if they are the delinquent parent? ... or is that just a CA thing?