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All Forum Posts by: Duncan Taylor

Duncan Taylor has started 14 posts and replied 739 times.

Post: Rent Control/Lease Problem

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487

You know, now that I go back and re-read the first post in this thread, I think we are helping someone with their homework.

Post: Rent Control/Lease Problem

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487
Originally posted by @Michaela G.:
Something seems very off in this situation: Todd has been living in this apartment all by himself for a long time (since his rent is only half of market rate) and suddenly he's willing to get a roommate.

Frank is willing to get into a roommate situation, which only happens to save money or because people become a couple.

Now that Todd moved out, Frank would be willing to pay all of Todd's rent rate, without roommate? If so, why was he looking for a housemate situation before, if he could afford that?

Maybe I'm wrong, but what I'm suspecting here is that Frank and Todd made an arrangement, knowing that Todd was going to leave and he wanted to help his friend, Frank, to take over his apartment at the current rate. They figured that getting the landlord to add Frank to the lease would make it easy to just continue the same way. They were trying pull one over on the landlord and he's not playing.

So, now 'Frank' is trying to come up with a way to continue to scam the landlord.

I agree. My "spidy sense" says Todd may have really moved out about 9 1/2 months ago.

Post: Pit Bulls, Horses, and Poor People

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487
Originally posted by @Steve Babiak:
Originally posted by @Aly W.:
...

And a new twist I recently heard from an applicant was that her part pit bull, 50 pounds, was a certified service dog.

Under Fair Housing rules, you would have to allow a "reasonable accommodation" for this situation. A service animal is not considered a pet under Fair Housing, so all of those "pet" rules have to be set aside.

Now, the word "reasonable" there leaves a lot of loopholes. For example, should your insurance company be like mine and prohibit certain dog breeds, it would be unreasonable for somebody to expect the landlord to switch insurers to a policy that allows such breeds (and the potentially higher premiums that would go along with allowing those breeds). If your HOA has the prohibition, then the HOA might actually be challenged by the Fair Housing folks. But this is really getting a bit off of the intent of this thread's topic ...

I'd check the certification on the dog. Certification is not required and many are bogus.

To be considered a service dog, the person using it must have a disability preventing them from handling some kind of life task without the assistance of the service dog or at great difficulty without the dog. The disability must be documented or easily observable and the dog must have received SPECIFIC training to perform the needed task. If those are not met, it is not covered under the ADA nor the ADA Restoration Act.

So, if it is not obvious how this dog is a service dog, I'd ask for documentation on the task the dog performs, the training it received for it and how that task mitigates the disability the person claims.

Legitimate owners of service dogs should have absolutely no problem proving their claims. The bogus ones, well, they are counting on the landlord just rolling over and not doing their due diligence.

I love dogs and I have always held there are no bad or evil dogs, the problem is always the owner and trainer.

Having said that, you must comply with the law but so must the person claiming their adorable pooch is a service dog and not just their pet or watchdog.

Post: Rent Control/Lease Problem

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487

It depends on the state and locality but from what you describe here, I'd be surprised of Frank has much if any recourse as long as the new rent doesn't violate the local regs.

Post: Two year leases VS One year leases

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487

I wouldn't discount the rent for a two year lease.

With a one year lease they would likely see an increase at renewal, I might agree to forgo the increase for a two year lease.

I get why some like month to month leases but once you get enough properties the general predictability of leases of at least a year start to make a lot of economic sense.

Post: Pit Bulls, Horses, and Poor People

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487
Originally posted by @Account Closed:
@Duncan Taylor,

Please go back and read what I said. I said I only do this for lawyers never said for tenants, but tenants have a right to know who they are renting from, and landlords have a right to know they are renting to. I agree some owners are hard to find, but because they think, they can shuffle the paperwork 10 times and get lost in the shuffle want work because they always leave a paper trail.

Joe Gore

Tenants do not have any such right. They have to right to know where and how to pay their rent, how to contact someone about maintenance or a problem and where to send or serve legal notice and to live in the property with quiet enjoyment as long as they pay the rent and follow the terms of the lease or rental agreement.

They have no more right to "know who they are renting from" than you have a right to know the details of every single GE stockholder just because you bought one of their light bulbs.

Post: Pit Bulls, Horses, and Poor People

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487
Originally posted by @Account Closed:
@Michaela Graham,
I see you don't know anything about skip tracing I never said I run a credit report. Rob all I need is the property address, and I am sure you will not lie to a future tenant about what the owner's name is.unless you are hiding something or dishonest.

Joe Gore

It is a long and contorted road from an apartment complex in Nashville to the partnership we setup decades ago and the trust I originally created in the 1980s. Could it be done? Probably. Would it be easy to do? Not on your life. Would the average tenant have the means to do it? Are you kidding? They rent for a reason for goodness sake!

Large investing partnerships, like the one I sold out of in 2012, do not hold properties in pass-through entities or in people's names. Nor do they engage in vanity naming of their entities.

When we purchased a property it went into a C corp. It could be one set up specifically for that property if the acquisition was large enough or posed some kind of unique risk. You wouldn't need to do a skip trace to find out the owner of the property, the local tax assessor has that. You wouldn't need to do a skip trace to find out who the President/CEO, Secretary, Registered Agent and in most cases the Treasurer of the corporation are, the local Secretary of State in that state would have all of that. You could probably dig up where the corporation has in-state bank accounts without too much effort. But, beyond that you would never get the names of the shareholders of a privately held corporation without the cooperation of that corporation or a court order.

Interestingly, if you were able to get the shareholders of that front line corporation, you'd find yourself chasing another entity in the food-chain.

I am not claiming the ultimate owners can't be found. It is all a cat and mouse game and if someone is willing to spend enough time, effort and money, I have no doubt they could eventually work their way up to the ultimate partners, or at least our family trusts. Since no one in their right mind is the trustee of their own trusts, you would have a big problem with that next step to the beneficiaries without a court order.

Post: Young Investing, Is it possible to secure real - estate with no credit

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487

I am very old school and you aren't going to like the advice I am about to give you...

You are not ready to invest in anything other than your future. I know the gurus hype you can jump in with no money, no credit and no knowledge and make a million dollars while you sleep.

You need to concentrate on building a solid financial foundation. If you don't have a job you need to find one even if it something like delivering pizzas. If you can find one, you need to create one. No, buying a rental with no credit and no cash to put into the deal is not creating a job. It is probably creating a job for your future bankruptcy attorney.

In Savannah, there is someone I'd recommend you seek out. His name is Howard Spiva and he is a well establish attorney, real estate broker and investor in your area. He is very easy to find on Google or Bing. From time to time he hosts some very good local seminars. Contact his office and find out when the next one will take place. http://www.spivalaw.com/spiva/contact-us

Post: All Brick vs Vinyl

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487

From a maintenance standpoint, brick all the way.

From a repair cost standpoint, if a brick wall was damaged to the point of needing repair, it would cost more to repair or rebuild a brick wall than it would to replace vinyl. But, if you suffer THAT kind of damage, the brick wall is probably the least of your worries.

Post: Wholesaling Haters. Im bummed.

Duncan TaylorPosted
  • Real Estate Investor
  • Posts 866
  • Votes 487

There is nothing wrong with wholesaling.

The problem is it lends itself to some unsavory behavior from some questionable types.

Used car dealers have the same image problem.