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All Forum Posts by: Maggie Tasseron

Maggie Tasseron has started 0 posts and replied 215 times.

Post: Tenant that won't leave

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63
Originally posted by @Dennis Olson:
Originally posted by @Anthony Gayden:

Have you ever had a tenant that just won't leave? I'm already down 3 months rent, the tenant has been officially ordered evicted, and they won't leave without the sheriff going down there with my PM and physically removing them. 

I can't believe with all of this advanced warning, they just won't give it up and move on. 

 Offer them a small payment to be out within specified time or have the sheriff evict them

 Sorry, Dennis, but I'm not in favor of offering people like this a dime; that only encourages them to keep doing this to other landlords. I would much rather pay the price of the eviction, including the Sheriff if necessary, than pay a bad tenant.

Post: Tenant that won't leave

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63

My guess is they will be gone by the time the Sheriff gets there. They know exactly how long they can drag this out and believe me, they will have some new place lined up. Next time a tenant gets behind on rent, even if it's only a week, issue the 3-Day notice and get that eviction going immediately. Even if they did have an honest glitch and do get caught up, it will alert them to the fact that you mean business. Best of luck!

Post: Taking a stand after a $50,000 lie

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63
Originally posted by @Erica Nagle:

I forgot to mention that someone asked about BiggerPockets at our bootcamp and the teacher said she "didn't see value in being a part of it. She's never gotten anything good from it". Ha!

 That's pretty funny. I have many years of experience in rei and just discovered BP and already I've read all kinds of helpful information. But what else were they going to say, right? BP rocks!

Post: Taking a stand after a $50,000 lie

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63

I'm a long-time real estate investor and a friend of mine regularly asks me about strategies for him to get in on this market. He recently attended a Tarek and Christina event and was debating about whether to get in deeper with their program. I repeated what I've always told him: Check out the market, buy a crappy property in a good neighborhood, fix it up and sell it. He already has a HELOC on his own house so has the starting capital, which is how I did it at the beginning. There is no magic that people like Tarek and Christina know and are generously wanting to share with us. Get to know the market, learn everything you can about improving a property and how much it can cost, and just go from there. I do all my own work as I'm not otherwise employed but even if you can't or don't want to quit your job, it's possible to find a good team to do the work for you; most importantly, you need to know everything there is about the projects they will be doing for you so you can price out the rehab and don't get ripped off.

Post: Inherited Tenants Refuse To Pay Rent!

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63
Originally posted by @Account Closed:
Originally posted by @Rick Harris:
Mother passed away Feb. 9. On Feb. 12, I gave her tenants (now mine) 30 day notice to move (not knowing that California requires 60 days). Tenant has not paid Feb. rent yet, claiming that I do not have legal title to the property so am not entitled to rent! ( Yes, I alone am in the will.) Do not have mothers death certificate yet. How can I get rent paid to me AND get them out of there. They say that they need time to get money to move - another reason to not pay me! Any advice before I see an attorney? Thanks guys!

If your tenants are in CA, they are correct in that they do not owe rent to you. Your tenants owe rent to your mother's estate, not you. And they will not owe rent to you until you are the owner of record as dictated in a court order or trust affidavit that transfers the property to you or makes you executor or trustee. The death cert. and will should help you open the necessary probate action or change trustees.

Your tenants are incorrect in that they do not owe rent. If they don't trust you to hold it (and why should they), they should be putting the rent into an escrow account to prove good faith until such a time as you have title and/or you are the appointed executor or trustee of the estate. A judge will look favorably on a tenant that withholds and escrows rent in order to pay it to the correct party.

You have no right to give the tenants 30 or 60 day notice to terminate tenancy until you are appointed executor or trustee or until you are owner of record.

I suggest you get some legal help and stop exposing you and estate to a potentially giant lawsuit.

 K. marie: Even though all your legal premises are correct, the fact that these tenants have stated they need money in order to move, plus the fact that they do not appear to have made any effort to pay the rent they owe, even into the estate, indicates that they are simply trying to capitalize on an unfortunate situation by getting some free time in the property. Rick Harris states that he is the sole heir so eventually the property will be transferred into his name. My advice to him stands and the only other thing I might do would be to suggest to the tenants that they open an escrow account to take care of this; it's my suspicion that they will not do it, but at least he can make the attempt in good faith.

Also, I'm curious about what sort of a "potentially giant lawsuit" he may be open to? Hope to hear more from you.

Post: Inherited Tenants Refuse To Pay Rent!

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63
Originally posted by @Rick Harris:

Mother passed away Feb. 9. On Feb. 12, I gave her tenants (now mine) 30 day notice to move (not knowing that California requires 60 days). Tenant has not paid Feb. rent yet, claiming that I do not have legal title to the property so am not entitled to rent! ( Yes, I alone am in the will.) Do not have mothers death certificate yet. How can I get rent paid to me AND get them out of there. They say that they need time to get money to move - another reason to not pay me! Any advice before I see an attorney? Thanks guys!

 Immediately give them a new 60-Day Notice and also give them a 3-Day Notice for non payment of rent. In CA, even if they pay what they owe you on the 3-Day, the 60-Day Notice stays in effect. If they don't pay you, proceed with the eviction. At the very least, it will stay on both their court records and their credit reports for 7 years so you will at least have the satisfaction of knowing they will have to live with that. I wonder how much they owed your Mother? Also, I'm sorry for your loss.

Post: If you won't rent to a lawyer, would you rent to a cop?

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63
Originally posted by @Karen Bickford:

@Sam Leon I would not have a problem renting to a cop I actually do have a state trooper as a tenant.  He even fixed a speeding ticket or me 😊

 Gee Karen, he might not appreciate having that posted on the Internet... I know how you meant it but that may not be the best testimony to his honesty. Sorry...

Post: Tenants want out of lease for bigger house willing to pay

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63

Hi Tyrone: A few questions for you: How much was the original rent and how much did they persuade you to lower it to? How did they "slick" you in the past? And what was it about the system that declined their replacement tenants?

All that aside, it sounds to me like these people change their minds on the spur of the moment as one day they want to buy the property and the next, it's too small and they want to move. I know it's tempting to hang onto the bird in the hand but sometimes you have to take a leap of faith that there are also good birds in the bush.

Post: Direct deposit: is the rent late or on time?

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63
Originally posted by @Ed S.:

Hello BP,

I'm thankful for such a place where I can get experienced advice.

Here's my situation. Rent is due on the first and my grace period is 3 days, so on the fourth its late. I haven't had a problem with any of my tenants direct depositing till now.

On the fourth we texted our tenant to see if everything was ok because we haven't seen a deposit. His answer was bank issues ( of course it's the banks fault) and he sent us a picture of it withdrawing from his account on the 3rd.

Shortly after contacting I noticed a pending transaction to be paid on the 8th (due to the long weekend and Labor Day). I called both banks and they basically said he initiated it on the 3rd.

The way I see it he essentially put the check in the mail on the 3rd and he's trying to say he paid within my grace period.

If it hasn't actually deposited (not pending) into my account by the 3rd but withdrew from his account on the 3rd is it late?

Thanks in advance for any help advice.

A little background, the first 2-3 payments were late as well because of direct deposit issues and I was gracious because he is military and I took his word for it figuring he was good either way.

 Generally, I have accounts at the banks my tenants deal with so that when they go in to cash their checks they can deposit the rent into my account at the same time. These days, however, there are all kinds of ways to transfer money quickly so I would check those out. Question for you: Is he a good tenant otherwise? If so, I would try to set up a more efficient way for him to pay you and not create bad feelings by charging him late fees.

Post: Is lease clause legal? Tenant questioning it.

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63
Originally posted by @VAL A.:

I own homes in another state.   I've leased them out for a number of years and always had the lessee responsible for full maintenance of the property as if they were the homeowner.   The exception to that is I've paid if the repair was what I considered "major"...ie broken water line underground, roof problems of any sort.   Lease reads:  Lessee will, at its sole expense, keep and maintain the Premises and appurtenances in good condition and repair during the term of this agreement.    

Current Tenant is stating that this clause is illegal in the state of New Mexico.   I have always charged less than market rent to tenants which I felt was a fair balance.   Tenant contacted me in early May re a/c issue--stopped.   I sent a/c co out...thorough check of system--$150 charge to me--unit frozen as apparently tenant keeping unit on and set at 68.     Tenant contacted me again late May--I sent out a/c co again--same issue--a/c co advises customer AGAIN can't run the unit like they are doing---tenant says he can set it at whatever temp he wants!     Now tenant again contacted me...a/c has stopped.   I referred him to his lease.  I had paid the prior $300 "in good faith".    

I feel my lease is completely legal---  Comments or thoughts or references to help please?

 I live in the California Desert so know a bit about AC units, and when it's 118 degrees out, my own AC will run non-stop for at least 10 hours at a stretch, which has never caused it to freeze up. Setting it at 68 is irrelevant, as the house will never get that cold anyway in really hot weather. I would have a different company come and check it out as it sounds as though you may have a different problem. Hope this helps and best of luck!