All Forum Posts by: Dustin Lavender
Dustin Lavender has started 14 posts and replied 145 times.
Post: Property taxes are twice as much as the mortgage!

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: My renters - Lying or telling the Truth??

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: cash out on investment property

- Investor
- searcy, AR
- Posts 147
- Votes 111
@chan
@Chan K. it is just a conventional commercial mortgage. Just go to a local lender and tell them you want to leverage the equity in A to cover down and closing on B, and you want to cash out the rest. Classic leverage.
Post: Looking to add cellulose insulation to two rental houses

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: cash out on investment property

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: Evaluating Value of 32 unit MF

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: Recommended Sources of Funding for $10K?

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: Paying for tenant relocation during construction due to pipe leak

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: Rent 9 days late - Tenants gone! Texas

- Investor
- searcy, AR
- Posts 147
- Votes 111
Post: Rent 9 days late - Tenants gone! Texas

- Investor
- searcy, AR
- Posts 147
- Votes 111
Reply @Greg H. what ifs do not matter in law. As I stated that is arkansas code, which is why I said whatever the OP uses would need to be legal for his state. My lease states what is considered abandonment and restates arkansas code in terms of abandoned property. I can reference arkansas code if you would like. I am not worried about supporting cases.
As you can see below, I give an additional 3 days notice to the tenant that arkansas law does not require of me. If your rent is past due and I have been unable to contact you for 10 days, by phone, email, at your residence, neighbors haven't seen you there, I post a nice 3 day assumption of abandonment notice stating that I will take possession of the property in 3 days under our lease agreement. Then, I can under our lease and arkansas law consider it abandoned and burn their crap in the back yard if I want to.
Bottom line it's legal here AND it is in my lease.
A.C.A. § 18-16-108 (2017)
18-16-108. Property left on premises after termination of lease.
(a) Upon the voluntary or involuntary termination of any lease agreement, all property left in and about the premises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessor shall see fit without recourse by the lessee.
(b) All property placed on the premises by the tenant or lessee is subject to a lien in favor of the lessor for the payment of all sums agreed to be paid by the lessee.