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All Forum Posts by: James York

James York has started 14 posts and replied 30 times.

Little update. She’s agreed it’s her responsibility, paid $200 and agreed to pay the balance as soon as possible. Whether I ever see that money is TBD but the fact that she openly agreed that she’s responsible is a good start. 

Quote from @Michael Peters:

How much in repairs are you talking about?  The tenant should be liable but you should get in contact with the new owner.  You need to balance the cost of the repair with the new owners desire to inherit a hopefully good tenant.  You may be able to split the difference with the new owner.

If you have a clause to apply rent payments to repairs first you may be able to use that to recover the funds, but you may leave the new owner with a past due owner.  You should also weigh the potential profit from the sale against the repair.  Your agent might also have a suggestion on how you could possibly alter the deals structure to cover repairs.

$695. I’m not interested in trying to pass the burden on to the new owner. I’m also the broker and believe I owe them a property substantially similar to what they saw when they wrote their offer. 
Quote from @Richard F.:
Aloha,

If you are under contract to sell, typically you are required to maintain the property in same condition as pre-contract. In other words, you just need to make the repair. As to the Tenant's responsibility, that becomes a charge against the Tenant, assuming you invoice them prior to sale completion. Unless you negotiate otherwise with the Seller, this would be a debt owed to you by the Tenant and would need to be collected outside of the sale. This could be attempted in small claims, with very complete documentation and photos, including a copy of the signed Rental Agreement for the period the Tenant occupied, and invoice showing date of repair/replacement.

What language is in the Tenant agreement placing this responsibility on them, and how do you perceive that they caused the issue? A sewer pump would normally be an Owner responsibility from my experience.
They sign an addendum that says repairs to the pump caused by inappropriate objects are billed to the tenant for $750. The plumbers found paw patrol toys, rags, wipes, condoms, Covid masks… 
I have a property under contract to sell and the tenant just contacted me about a sewer pump issue. Turns out it was caused by the tenant and is her financial responsibility per the lease. Expecting that it is unlikely she will pay quickly, how do I handle this? If this isn't handled before closing, would you write it off? Can you still take her to small claims court even if you no longer own the property? Obviously I can't withhold it from security without passing the problem on to the new owner.

I filed an eviction and ruling in my favor with magistrate court. The tenant appealed and requested a jury trial (stall tactic) which was scheduled for September. She has now voluntarily moved out, but gave 5 days notice of her intent to vacate. Two part question. CAN I retain rent from her security deposit until it is release? SHOULD I or should I just be thankful she's gone? The eviction was not over money and it is in NC. 

Post: Paying off rentals

James YorkPosted
  • Posts 30
  • Votes 16
Quote from @John Morgan:

@James York

I hustled to pay my first two rentals off. Then I realized my CoC return was horrible and my cash flow was only $1700/month. Then I learned to leverage and harvested all my equity to scale up. I now have 18 SFR with 1.2 million in debt, but my net cashflow is 12K/month. For me, I'd rather have an extra 10k/month in cash flow and some debt my tenants are paying off vs two paid off properties. But I know many investors would rather have just a few paid off properties cash flowing much less. To each their own!

This makes a ton of sense when you’re “only” getting $1700. I say only because that could be plenty for one person and a joke for another. I’m considering a move that would give me more cash flow than I currently have (and enough to comfortably not work if i chose), no debt, fewer tenants to manage and still the opportunity to expand IF I feel like it. 

Post: Paying off rentals

James YorkPosted
  • Posts 30
  • Votes 16
Quote from @Alex Olson:

Have you looked at your return on equity? I can show you a calculator to help you see if you have great return on equity. 

Yes. I’m fully aware of the ROE etc. It’s more a lifestyle decision. I can have a bunch of rentals making modest cash flow or
sell them, reposition the equity and have a few that provide for my needs. Not so much a math problem and more of a lifestyle choice. 

Post: Paying off rentals

James YorkPosted
  • Posts 30
  • Votes 16

Who is an advocate for paying off their rentals and just enjoying the cash flow? I’m fully aware of the down sides of this, but thinking it could be a better fit for what I want out of life.  I’ve also recently spoken with a very successful commercial investor who doesn’t carry any debt because of his experiences during the great financial crisis. Looking for feedback from people who have done it or are working toward it. I know this slows growth, eliminated leverage and all that, this is an alternative idea that is equally valuable to the investor looking for a more passive income. 

Post: Developing on owned land

James YorkPosted
  • Posts 30
  • Votes 16
Quote from @Bradley Scruggs:

@Anthony Thompson I have went down to planning and zoning, they gave me a hard no. That is why I was hoping to connect or get some insight from someone that has been able to work with the town on getting something like this accomplished. 

Good note on making one of them affordable housing. When I brought up about the military in the area that seemed to have a positive affect as well, so I might be able to play both cards with a percentage being military and affordable. Thanks for the feedback!


 Did you ask WHY you got a hard no? The answer to that question could lead to your solution? It can’t just be “because I said so”. I’ve found that a lot of municipalities aren’t in the business of walking you to success. It’s easier for them to just say no if you don’t easily fit in the box. I suspect there is some zoning issue that gives them a no and once you have that, you can explore a solution.  

Quote from @Terry Hollinsworth:
Quote from @James York:
Originally posted by @James Elden:

Honestly it sounds like the poster is trying to start some kind of political argument. Section 8 has it's positives and negatives, any real estate investor should be aware of this already, acting like it's all roses is a bit ridiculous. 

This has nothing to do with starting a political debate. It has to do with starting a discussion. I feel certain that, much like myself, many of you aren’t aware of all the previous injustices done in housing. Anyone who knows me would expect me to make all the same statements seen in other comments. After reading this book, I’ve come to realize that the problems are greater than I had imagined. It goes far beyond calling someone lazy and assuming they could easily do better. I realize in the context of a forum it’s hard to fully understand, but if you knew me you’d know that I am absolutely an advocate for working hard and helping yourself over handouts. I simply think there is a case for public assistance far greater than what I had previously believed. You’re welcome to disagree and I’m most certainly NOT here for a political debate. Regardless of your thoughts on section 8, I’d encourage you to check out that book. It was eye opening to say the least. 


 Whats the name of the book?


 The Color of Law