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All Forum Posts by: James Mc Ree

James Mc Ree has started 26 posts and replied 1082 times.

Post: Buying a condo with special assessment

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

Of course it is a red flag! Talk with the HOA. Considering it is already 2025 and they don't have a budget, you might also have an incompetent HOA to deal with.

Post: Buying a condo with special assessment

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

Contact the HOA yourself. See if they will give you an estimate of the assessment for the property. They might refuse since you are not the owner. In that case, get the seller to call. Ideally, you want something in writing, but that is probably unlikely since no one will want to stand behind a not-yet-final number. You should be able to get something like the assessment will not exceed X.

As to the negotiation with the Seller, what are you willing to accept for the assessment? You could agree with the Seller that you will accept up to $10,000 in the special assessment and the seller covers the remainder. Is that still a good deal for you? What if it is $30k? Check your model to see what works and how much you are willing to accept.

Post: Does a dedicated shed qualify for a home office?

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

I have a 10x8 shed that I use exclusively to store real estate materials and supplies. Does that qualify for a home office tax exemption?

I qualify as a 2024 real estate professional if I can count my commute time to and from properties. I can't do that without a home office. I have a space in my home where I do all of my desk office-type work, but it is not dedicated to real estate. The only dedicated space I have is the shed.

Post: Lot split with house on the line

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

Investigate moving the lot line to put the house entirely on 1 property. Hopefully, you are only violating the 7 foot setback, so this is an 8 foot move. Apply for a dimensional variance on the vacant lot to allow a smaller lot and/or setback so it can be built upon.

Your best first steps are to sketch a plan, possibly with an engineer's help, then contact the zoning department to discuss your idea with them to get informal feedback on your liklihood of success before you spend a lot of money.

Post: Question on tenant smoking marijuana

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

I would mention to Tenant B that I was visiting Tenant A and smelled what seemed like marijuana smoke coming from their side and remind them there is no smoking permitted inside the house. That would take the pressure off Tenant A and let Tenant B know you care.

Post: Landlord getting into section 8 rentals. Any Tips?

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

I think you are making a mistake in switching over to Section 8 if you are successful with what you have/had now. You are excluding possibly the majority of available tenants to focus on the most difficult to manage and the ones who are most likely to leave your property heavily worn and damaged, all other things being equal. I don't know your area, so I can only write to my experiences in PA.

You don't really convert your property to Section 8 (S8), but rather sign a lease with a tenant who happens to be funded by S8. S8 goes with the tenant, not the property. All of the lease signing and tenant vetting is the same as a normal lease. The S8 process begins with the tenant sending the signed lease to the housing authority along with your application.

Regarding rent, don't expect to get the published FMR. You may get it, but the table shows the maximum they will pay. They are far more likely to pay around market rent regardless of what the table says. As mentioned above, have good comps.

Take a look at the S8 list of available properties so you have an idea of what your prospects are coming from. You can get that from your local S8 office. In my experience which was a while ago, it was a list filled with pits of despair. Those places were awful and barely habitable, but it is what S8 prospects are being offered. It is a very low bar for you to meet, but keep in mind that is also the level of upkeep some S8 tenants might have in mind. Landlord beware.

S8 will schedule an inspection for your property. You need to pass the inspection to get paid by S8. In my area, they actually require a little more than the local municipality and lately have been especially strict on cracked paint because they were recently sued and lost. You can get a checklist of what they look for from your local S8 office. Total turnaround time can be within the same month if you start at the beginning of the month, but don't be surprised if it continues into the next month.

S8 in my area outsources the inspections. They can be very thorough or not even superficial. The first one is likely to be rigorous. After that, it may depend more on the workload of the inspector. In my area, the inspectors are massively overloaded and often skip through a nice house quickly while telling me the last house they were in set them back 2 hours because there were so many violations. Lesson: Keep a nice house and inspect before the inspector.

Inspections then occur annually and you don't get paid if your property fails until you pass again. Try to avoid scheduling inspections for the last 10 days of the month as you will need time to fix the defects and get another inspection. They probably won't hustle out just because it's the end of the month and you won't get paid. In that case, you don't get the next month's rent until the following month assuming you pass in the next month.

Upon approval, S8 will tell you and your tenant what S8 pays and the tenant's responsibility.  They have a formula based on the property and its features as well as the tenant's income and expenses. The S8 portion will very likely arrive like clockwork on the 1st of the month.

One strong motivation for the tenant to pay is they lose their voucher if they are evicted or leave owing you a balance. So, threatening that means the tenant could lose something they waited years for and is very valuable too them. They are very likely to respond, but keep in mind you can't get dollars from a turnip.

My experience is wear and damage are higher with some S8 tenants and not at all with others, just like regular tenants. Some of my S8 tenants keep the best houses and my worst tenant is a regular tenant. The S8 group as a whole has a reputation for greater wear and damage, so don't be surprised. Vetting your prospects well helps, just like with a regular tenant. Some landlords have the mistaken impression S8 is responsible for damage expenses. They are not.

I recommend you pursue the best tenant for your properties and disregard how they pay your rent. Just like regular tenants, try to avoid S8 tenants who can barely afford your place. Regular tenants may have more of a support system when they have bad financial luck. S8 tenants often have less of a support system as family members might be in the same situation.

Post: Section 8 Late Fees

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

I am in PA and yes, it is legal to charge late fees to your tenant regardless of Section 8 subsidies or not, provided the tenant's lease allows for them. You need to follow the lease.

Post: What to do if tenant falls a month behind

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

@Rick M. It's not your responsibility to figure out what's best for your tenants. In fact, that can land you on the losing side of a lawsuit. If you were to say to them, for example, "I see you have a baby coming, so I'm not going to renew your lease since you are regularly late paying now....", just sign the deed over to them. You just discriminated against them based on family status.

It's good to have a heart-to-heart talk with them about what they can afford and see what they want to do. Let them convince you they are going to pay on time, but it can't be "We'll try harder." type of convincing. Maybe adding a parent a lease co-signer (and payer) might help.

Post: Home inspector says deck isnt up to code .

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

@Matthew Paul Good point. In my area, U&O inspections are done on every sale and varying rentals from annual to just on turnover.

Post: Home inspector says deck isnt up to code .

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,114
  • Votes 833

There is a nuance here: building code versus maintenance code. It seems that all posters above are focusing on building code which is irrelevant decades later.

Municipalities enforce the maintenance code in the present for preexistent structures. They usually cherry-pick fire and safety related items from new editions of the building code that just can't wait, in their opinion. This is where smoke/CO detectors, grounding, electric garage door reversers, and other goodies came from.

If the municipality performing the U&O calls out an item, Seller is stuck with resolving it either by fixing it or negotiating it with the buyer. A clean U&O means the Seller doesn't have to do anything.

The home inspector is a different issue. It doesn't matter if there is no home inspection contingency, but if there is, Buyer and Seller negotiate the items. Buyer can request Seller to fix stuff. Seller can say "No" or negotiate with Buyer. In the end, the entire deal can fall through if there is no agreement. In no way is Seller forced to fix it just because a home inspector calls it out. The finding can be quashed if the U&O is clean and the municipality doesn't support the inspector's finding, but that might require some court action.