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All Forum Posts by: Ihe O.

Ihe O. has started 15 posts and replied 387 times.

Post: Unapproved Pet - Not on Lease

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Richard Elvin:

And won, just in case anyone cares.

No we don't .

Judges are more likely to  whatever the heck they like when the cameras aren't rolling, so if you are reaching those sorts of conclusions maybe you should watch some more Judge Judy.

Post: Unapproved Pet - Not on Lease

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Thomas S.:

"not playing hardball over an extra pet in a rental"

Enforcing a lease agreement is not hard ball. I would simply refer to it as operating your business.

Let's look for a minute at the reverse of your argument so it can be exposed for the fallacy that it is. 

Suppose the heating system breaks down in winter and the tenant is planning on going on vacation anyway and so does not enforce his right in the lease to a timely repair.

Under your interpretation that  means he is no longer allowed to enforce that right then next time the heating breaks down, but no sensible landlord would ever reach that conclusion.

See you don't understand what a contract is for. It's not there to tell you how to run your business, it's there to set out the rights and obligations of the parties. It helps to know the difference.

Post: Unapproved Pet - Not on Lease

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Joe Splitrock:
Originally posted by @Ihe O.:
Originally posted by @Thomas S.:

You have basically two options. First rewrite your lease regarding not allowing cats and then allow cats in your units/charge the fees.

Second option would be to inforce your lease as written.

Landlords should not be including any language in a lease that you do not intend to inforce. Any article not enforced becomes null and void for any present and/or future tenants. IF you allow one tennat to have a cat you must allow all present and future tenants to have cats. You can not have it both ways. Make a business decision and stick to it.

You need to take the time to review your lease and remove all articles you have no intention of enforcing.

Absolutely None of this is  good advice. 

First of all leases articulate rights and obligations. You are not required to enforce your rights.

Secondly you are not obliged to have a universal pet policy across all your buildings. Where it would be a problem is if you allowed some applicants pets but not others FOR THE SAME property.

Finally the priority of a first time single property landlord is to keep the rent coming in, not playing hardball over an extra pet in a rental.

You are required to enforce your lease if you want it to hold up in court.  

That's a complete myth.

A lease is a contract so the law of contract applies. If it were true then it would apply to other contracts. Which means that an employee could argue that his employer can not fire him because he did not enforce his contractual right to terminate him the last time he committed a fireable offence.

Post: Unapproved Pet - Not on Lease

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Kyle Burrows:

Hello BP! We are managing our first rental property and have come across a concern with pets at the property. 

We approved 1 dog (specifically identified on the lease) for the tenants. We recently learned that they took in a cat and did not volunteer that information to us. At this point, it is considered against our policy of no cats and no unapproved animals, in addition to a breach of lease.

The tenant is offering to pay an additional pet fee, as well as additional rent to cover the animals. But our concern is the damage the cat has potentially done or will do to the home (flooring, smell, etc.). The fee and rent may not cover the cost of floor replacement or other damage that may occur. The flooring is all luxury vinyl plank, which was installed prior to the tenant moving in. While this flooring is water proof, we are still concerned about the cat urine getting into the seams and baseboards.

Our question then is whether we should take the additional fee ($400) and rent ($25/month), or stick with our policy and communicate that they must remove the pet from the property within a stated timeframe.

Any advice or lessons learned would be greatly appreciated!

So if they call your bluff and decline  to remove the pet  what are you going to do.

Post: Unapproved Pet - Not on Lease

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Thomas S.:

You have basically two options. First rewrite your lease regarding not allowing cats and then allow cats in your units/charge the fees.

Second option would be to inforce your lease as written.

Landlords should not be including any language in a lease that you do not intend to inforce. Any article not enforced becomes null and void for any present and/or future tenants. IF you allow one tennat to have a cat you must allow all present and future tenants to have cats. You can not have it both ways. Make a business decision and stick to it.

You need to take the time to review your lease and remove all articles you have no intention of enforcing.

Absolutely None of this is  good advice. 

First of all leases articulate rights and obligations. You are not required to enforce your rights.

Secondly you are not obliged to have a universal pet policy across all your buildings. Where it would be a problem is if you allowed some applicants pets but not others FOR THE SAME property.

Finally the priority of a first time single property landlord is to keep the rent coming in, not playing hardball over an extra pet in a rental.

Post: Minimum tenant credit score?

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190

How many of the things in this article have anything whatsoever to do with whether a applicant will pay their rent

https://bit.ly/2vXF3Ps

Post: Minimum tenant credit score?

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Matt Nolan:
Originally posted by @Ihe O.:
Originally posted by @Matt Nolan:

I own three duplexes in a similar area to you (two in Watertown and one in Brighton), and my “automatically disqualified” score is 650.  I’ll read all the reports in their entirety, but I generally don’t even entertain things in the 650 range at this point. This area is desirable enough that I can afford to be picky. 

Ultimately, I don’t care what the reason is for poor credit honestly. Choosing to default on loans is a quality that I’m not looking for in a tenant. 

You do realise that a person  can have a credit score below 650 despite never having defaulted on a loan...... on second thoughts you probably don't realise that. 

I'm well aware that there are many factors that determine an individuals credit score.  I think you took two separate thoughts of mine and combined them to make your point.  Outside of the last sentence of my post, is there anything else you take exception with?  I even went as far as to say I don't care why the credit score is below 650 in the above post.  Credit history, recent credit checks, defaults, debt to income ration, leans, etc.  It doesn't matter which road they took when it leads to the same place....

While I didn't feel it necessary to describe in my initial post, I do take a number of other factors into consideration when screening a tenant.  The 650+ credit score is the very tip of the iceberg in the process.   

Exceptions. Loads of them. Contrary to what you assert, credit scores don't measure debt to income ratio because Equifax and co usually don't know your income.

The ratio they do measure is credit card debt to total credit limit and that has a huge impact on your score once you go over the approved threshold  even though it may have zero correlation to your financial standing, see my initial post on this thread about what happens to your credit score when you take advantage of interest free credit promotions.

The core objection is that you are misinterpreting the true meaning of a credit score. Credit scores are  designed to rate a persons profitability to the credit industry. Thus people who borrow irresponsibly (because it's expensive) on their credit card and pay back are rewarded with high scores, people who make judicious use of interest free credit are punished with low ones.

That and the fact that several things that matter far much more to a landlord such as overall net worth and rental history are not measured but a ton of things that are irrelevant are. 

Post: Minimum tenant credit score?

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Thomas S.:

"You do realise that a person can have a credit score below 650 despite never having defaulted"

Once you have set a minimum credit score requirement you have no reason to care why they are below that mark. That is the advantage of setting a minimum requirement. It saves a load of wasted time trying to find out why you should have rejected them in the first place. Time is money.

If it is so effective and such an advantage how come you are always on here talking about evicting people.

Post: Minimum tenant credit score?

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Matt Nolan:

I own three duplexes in a similar area to you (two in Watertown and one in Brighton), and my “automatically disqualified” score is 650.  I’ll read all the reports in their entirety, but I generally don’t even entertain things in the 650 range at this point. This area is desirable enough that I can afford to be picky. 

Ultimately, I don’t care what the reason is for poor credit honestly. Choosing to default on loans is a quality that I’m not looking for in a tenant. 

You do realise that a person  can have a credit score below 650 despite never having defaulted on a loan...... on second thoughts you probably don't realise that. 

Post: 500k Judgement against Owner----Barking Dog !

Ihe O.Posted
  • Investor
  • Laurel, MD
  • Posts 395
  • Votes 190
Originally posted by @Allan W.:
Originally posted by @Ihe O.:
Originally posted by @Allan W.:

Hi Friends,

I Was doing some research for a Client of Mine Regarding one of his tenants and specifically his liability as owner of that house. His Tenant is a Section 8 Renter and the Tenants have a Barking Pit-bull in a Pen in their backyard.

The Dog is kept in a Cage all day and is obviously not being treated well.

Story is, his tenant's Barking Dog is disturbing neighbors in a SF Residential Neighborhood. My Client thinks he has no-responsibility. I advised him other-wise.

Here's an article how a 'Barking Dog' can cause one person to loose their Home.

http://abc13.com/pets/family-loses-00000-lawsuit...

If you don't control your Tenants,....they will control you.

 The person who lost the judgement was a homeowner not a landlord. Looks like you are just using that story as an excuse to propagate feudalistic views on landlord tenant relationships.

LOL...'Feudalistic views on landlord tenant relationships?'

Bhahahahaa. ;)

I might be inclined to take offense if i knew what the *&^% he was talking about.

I'm saying THIS; In plain English. If a lawsuit ensues, You will be HELD ACCOUNTABLE for what your tenant did or does on your property ESPECIALLY if you knew what was going on. If your tenant is a Drug Dealer, (and if you don't know this one you are really NAIVE), AND THE 'Feds or the Sheriff' makes a Drug bust at your house, there's a very good possibility that the house could be shut-down AS a rental property for a period of time (look it up). If your tenant harbored a dangerous dog and you knew about it, and the Dog Bites someone, you will be named as a bonafide defendant (a judge will listen to that argument---its been done before and will happen again---look it up)

Sorry...if I appear 'feudalistic!'

LOL

But you don't know whether I disagree with any of that because you didn't understand what I said, even though it was also in plain English.