Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Jason Strauss

Jason Strauss has started 1 posts and replied 5 times.

Thank you Steven for some hopeful re-assurance in the middle of a lot of stress. :)

Given that I've provided free rent, relief of late fees, free things, and paid for energy, I am hoping that they are decent enough people to simply move out, and be happy with the fact that they were the beneficiary of a lot of things. 

What do you think about my idea of having an errand runner come in and complete the damage checklist? 

I don't have copies of their driver's license. In fact, the reason they wouldn't be accepted by the property is because of lack of proper identification. 

I am hoping they move out without incident. I am going to follow up with them on the phone tomorrow, when they have hopefully calmed down. 

I offered to pay all the rent of December as well as the late fees, allowing them to stay for 12 days for free, given that they move out by the 12th. 

What I am hoping for is that this will allow me to negotiate peacefully, have them allow an errand runner to come in and assess the place for damages (thus securing me with a piece of evidence in the event that they act out of spite). 

They will then move out, find a new place, and the rent owed and eviction will go on my record. 

Does anybody know what kind of charges they could press charges on me for illegal subletting? It was for 1 month, they accepted the agreement between us, and no profit was made on my part. 

Both me and the subletting tenants knew, and at the time we reached a peaceful agreement. 

If I can somehow prove that they were the ones that caused the damages, would that allow me to go after them in a small claims case? Let's say that I hire someone from here to evaluate my place (an errand service). They do a damages checklist supplied by the leasing office. Would that be enough to secure me from them trashing the place? That's all I'm concerned about. 

Hello all, 

I would greatly appreciate any honest advice and suggestions that someone knowledgeable can give me with regards to how to handle this situation..

I moved to Vegas at the beginning of 2016, around February. I signed a 1-year lease at a rental property, and have paid rent on time all the way until October. Due to serious cash flow issues and losing my job, there was no way I could stay out in Vegas any longer, and forced to move back home to Hawaii. I had only until January 31st to finish the lease. 

In the interest of avoiding a 1,200$ early buyout fee, I thought of doing a temporary sublet for just 3 months. I offered complete furnishings, a free bed, printer, kitchen supplies, and various other things, and discounted the rent by 85$. The tenant would pay 600$ for the principal rent instead of 685$. 

However, it was determined that the subletters would not pass the application process.  I made a huge mistake and made an under the table deal with them. I made a written notarized agreement that they would owe me the 600$x2 for the remaining 2 payments, on 12/3/16 and 01/03/16. 

I moved back to Hawaii on November 4th. They have been living there until now, but the leasing office has found out that they are living there and not just "house-sitting." 

To make things more complicated, the online payment portal of the property was taken down and no longer available. I only found this out after the subletters wired me $705 to pay the necessary expenses (65$ internet, and 40$ energy in addition, not specified in the agreement). I then wired them the money back dollar for dollar. 

Because they can't pass the application process, a 75$ late fee + 10$ per day late fee has been piling up on the amount due for 12/03/16. 

I reached out by phone, and tried to assure the subletters that it was an unexpected change. The property management company had changed, and so the online portal being down was not known by me. 

However, they responded harshly to me, out of completely irrational suspicion that I am pulling them by a string, or leading them in circles. I tried to rationalize, but was only met by anger, and it was impossible to converse with at that state.

I am now left ignored through both phone call and text message with the subletters. I got in contact with the property office, and they have decided to put a 5-day notice starting 12/07/16. The constable will come in, and boot them out, and change the locks. 

My concern is this. In the midst of the angry phone call, I was effectively threatened by the subletters. They are using the fact that I am illegally subletting to them as a means to threaten me! 

I want to know: if they go through the trouble (out of spite) to come after me for that reason, what could I possibly face? Will I have to fly all the way to Vegas just to handle that?!

Also...what kind of rights or evidence would I have in the event that they damage the place out of spite? This concerns me just as much. I was informed that I am ultimately responsible for the subletters behavior, as well as my place. At this point, over the next 5 days, I have ABSOLUTELY NO CONTROL over what they do. Let's say they damage the place out of spite. Could I then come after them in a small claims court battle, or something?