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: Jerel Ehlert

Jerel Ehlert has started 7 posts and replied 853 times.

Post: Security deposit, surrender of property and lease end date

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

Most questions LLs have on BP can be answered by reading the property code for the state where the property is located.  In Texas, the main chapters are Chpt. 91 and 92

Re: security deposit - see particularly, Sec. 92.103. OBLIGATION TO REFUND.

(a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
(b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.
(c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy.

Read in conjunction with Sec. 92.107. TENANT'S FORWARDING ADDRESS. 

(a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.
(b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord.

...and with Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. 

(a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.

(b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if:
(1) the tenant owes rent when he surrenders possession of the premises; and
(2) there is no controversy concerning the amount of rent owed.

...

Being a landlord without having read the statutes is like playing pro football without knowing the rules of the sport.

Post: Driveway Easement Austin, TX

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

@Bryan Noth Thanks!

Interesting set of facts. Lots of moving parts. Looks like the lot was held by the Travis County Trustee from a constable's sale in 2011. Thing to find is the recorded easement. There are quite a few ways this might turn out, but the key is to act before they start blocking and building. Happy to help. If not me, then the HOA as a whole needs to act quickly. Your collective rights have limits on what you can do the longer it continues.

Post: Looking for Small Business Attorney

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

I am in Georgetown. Let me know if I can help.

Post: $10,000,000 to deploy -- where would you put it?

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758
Originally posted by @Gabriel Craft:

Ok. Hypothetical. You have $10,000,000 to deploy. You have to deploy it right away or you lose the money. What would you put it into? (it should all go in one asset type and class). My hope is that this helps people see what folks are keen on in early 2022. 

I always feel these questions are rarely on the up and up, but here goes.

Attorney response: it depends.

Depends on desired target return, risk tolerance, active participation willing to make, etc. etc. etc.

Fire and forget (forward all mail to Tahiti): Drop all $10M with 3-5 HML funds sprinkled around the USA at a solid 8.00% ROI.

Work now/Play later #1: 2-3 ground-up multi-use facilities in central Texas (my back yard) paid for with mostly cash. Typically grade+1 level retail, 1-2 floors office, 3-6 floors of residential (apartments or condos), attached parking structure, below grade storage facility, roof-top solar, and rainwater capture for common areas.

Work now/Play later #2: like #1, but add in a land play.  Buy with more land than needed, sell off unused to fund all-cash or same debt with more facilities.

Work now/Play later #3: like #1 or #2, but sell off different parts (POA regime).

Debt fund: I self-fund the same HML fund (above), that buys HMLs at 80-90% face value + X points. Many HMLs use lines of credit from banks to table-fund their loans. Institutional investors sell off loans all the time. This is the same. Returns vary by product, and 16% is not much of a stretch but 20%+ requires a bit more creativity. Target returns can be leveraged up (or down) with use of borrowing (going from $10M to $15M by borrowing from other lenders).

Post: Texas/ Probate Puzzle

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

Meh...depends. (typical lawyer)

M and #1 had 2 kids (?) -> #1 dies.  Did #1 have a will? Was it probated?  

If #1 was intestate, his half passes under TX Probate Code (statutes in effect at time of death). Texas is/was/always a per stirpes with representation.  Their interest in #1's estate passes according to their wills or intestate succession.

Worst case, file for Procedure to Determine Heirship, then have the heirs' interest put in the registry of the court.

Next problem, is M competent or does she need guardianship (or a lesser accommodation)?

Post: Tenant late on rent. What's the proper step to evict in Texas?

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758
Originally posted by @Jonathan Leung:

My tenant only paid partial amount of the rent last month and haven't paid the rent this month. Tenant is not very responsive but we had email conversation 2 weeks ago. I sent the tenant late rent notice via email last week and gave the tenant a last chance to pay the rent. 

What's my next step in order to evict the tenant?

The first step you should have done, before you put out the "for rent" sign, was read your state's property code on landlord/tenant law.  It is online in all 50 states.  Also look for the requirements to evict (a/k/a, forcible entry and detainer suits).  These will tell you what your next step is in your state (different in every state).

Post: Credit score 622- collection, can prepay, would you rent to her?

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

Check your state and local laws on use of credit reports. 

FOR RENTAL, the only thing you really need on a credit report is current bankruptcies and evictions within the last 3-5 years.  The scores themselves are not a valid prediction of paying rent and there's strong racial and gender bias baked into the score.  If you (foolishly) use the credit report, ignore all medical and student loan debt because these are less than voluntarily incurred (I don't care about your politics).

Verifiable income (to their personal account) and pay stubs are more valid indicator of *ability* to pay rent.

Major warning sign to pre-pay rent months in advance without a STRONG reason to do so (i.e., rent comes from student loans for a semester at a time).  Consider: there are lease violations not related to payment, and you need to evict.  You are required to return unearned rent (with a duty to relet to mitigate damages, not just let it sit empty) and unused deposit (that's not your money).  For lease violations, you can refuse to accept rent and move to eviction. Pre-payment just creates more problems with a problematic tenant.

Post: STR’s and City Zoning Laws

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

College Station Ordinance: https://blog.cstx.gov/wp-conte...

College Station permit application website: https://blog.cstx.gov/2020/08/...

You have to apply for a permit.  Don't operate until you have one.  On a QUICK read-through, likely has some issues.

Post: Tax forms for disregarded entities LLC

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

Texas: Comptroller of Public Accounts sends out notices for annual filings to the address you have on file for the LLC. The "no taxes due" form also acts to update the SoS information. You can go to the Comptroller's website to get info, register a login, and file the forms there.

Post: weird to approach an investor about being their private lender?

Jerel Ehlert
Pro Member
Posted
  • Attorney
  • Austin, TX
  • Posts 887
  • Votes 758

Use a lawyer of YOUR choosing who knows how to draft these docs.  If you are going to be a private lender, BE A PRIVATE LENDER and not their friend (when addressing transactions).  Don't do deals you are not comfortable with.  Always do your underwriting before, during, and after the deal.  Follow contract terms to the letter.

Doing business with friends can be great!  *If* all parties do what is in the best interest of the deal.  Things go sideways when parties put their own interests before that of the deal and rely on their "friend's" good will to vary the terms of the contracts.