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All Forum Posts by: Jim Adrian

Jim Adrian has started 8 posts and replied 1668 times.

Post: Filing one's own taxes

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

Hopefully you are very OCD with accounting throughout the year.  If not, its going to be painful no matter how you slice it.   I do my own but I have 1 property.  

Post: Water flow usage meter and automatic shutoff

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

I don't believe you can deny a tenant water.  I would add a water meter and make them responsible for the bill. 

Post: covid related late rent or partial payment

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840
Originally posted by @Nathan Gesner:

@Jim Adrian @Brandon Rush

As long as the tenant is communicating, you are on the right path. Especially if they initiate in advance and without prompting.

When a renter indicates they are struggling, offer to create a payment plan that will allow them to catch up. In my case, I put it in writing without a bunch of legal jargon but make sure it is specific, trackable, and enforceable. I also require them to state why they will be late and often ask for some evidence (layoff letter, employer number to verify hours were cut, etc). Example:

Due to reduced hours at Bubba's BBQ, Tenant will be unable to pay her $800 rent on time for December. Landlord and Tenant agree to the following plan:

Pretty simple example. You need to really talk to the tenant and make sure they have a concrete plan in place, then put it in writing so it can be tracked and enforced. If you just tell them they can pay "whenever able" then it will stretch out too long and you'll find them months behind. I also require the weekly updates from the tenant to ensure they aren't forgetting or ghosting. Make them initiate! You shouldn't have to chase them down.

If they're serious about being a good renter, they'll agree to this.

Thanks Nathan!  You always have good things up you sleeves!  

I feel I have this tenant trained well.  Not sure they will get caught up due to her loosing her babysitting income and can see this happening each month. Putting something in writing is a must!  

Post: covid related late rent or partial payment

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

What policy or procedure are you using if your tenant won't be able to make rent due to being affected by covid in this second wave?   This winter will be bad.

I have a tenant that informed me today Dec rent will be short and or late.  If its wasn't for covid I wouldn't cut them any slack.  These tenants have been great and I would like to keep them around.  I know I'm going a bit soft due to xmas coming and being a caring person.  After having dealt with covid for 5 weeks in my house already, l know the struggle is real for people.  I am considering taking $300 off rent for this month and writing the loss off.  But also telling them any future covid rent issues will be at the set discounted price.   I know they are not taking advantage of me.  She did offer to continue to repay but I think its just going to put them farther behind.   My bottom line is if I can get the mortgage covered and its not sitting vacant, then I'm happy during this pandemic.  I tried searching but only found post around April and people playing the stimulus card and now that's re-relevant.  

Post: Tenant dishonest about pets - what would you do?

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

For me, cats are a deal breaker and would toss them out without thinking twice.     I had a tenant do this to me and I had some provisions in my lease this issue.   I give them 7 or 14 days to remove the extra animals or sign the lease addendum for the extra pets or move out. I charge a non refundable pet fee of $250  to just have animals in my place and then $35 monthly pet rent per pet.   I would charge the max you can or make it really painful.  You need to set the tone of who is boss / in-charge.  You waiver here then they will walk all over you.  This is a good way of making extra money.  

Post: General price per sqft for new construction

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

Sounds reasonable as cost of construction varies around the country.  If you are 0% of the design phase, you have nothing solid to base your numbers off, so you will have number that may seem high at first.  Once more detail and decisions have been made then the cost estimate can up updated accordingly. Until you hit 50% range in design will you have enough info for a good quantity count on materials. At this point listen and trust your architect.  RS Means is one industry standard for cost data architects use.  If you own the land and are not in any hurry, then you can develop the drawings and wait to bid the project out.  Inflation will continue to go up. 

Post: Tenants using security deposit in N.J. to cover rent?

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840
Originally posted by @Karl B.:

But here's a link explaining everything in the state of NJ... goodness they're sticking it to landlords: 

https://www.lexology.com/library/detail.aspx?g=83e704fb-c871-4c0e-a0e2-d52844dffb14

Ouch!  and you can't collect any more money to repay the security deposit it looks like.  

Post: Credit Security Deposit?

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

I would tell the tenant, he doesn't have approval for early termination due to fee not paid in full and not following the lease agreement process and you will continue to charge him rent and late fees accordingly.   Most likely he will just leave and you are out the $100 minus any other damages but stand your ground firmly.   Remind him he is in breach of contract.  You will be obligated to hold that unit open / vacant due to the initial lease.  Remember, if a tenant wants to leave, they will just leave.  Its always best to get them out fast and without damage to the place and just re-rent it asap.   Below is my early termination clause.  This is also why some landlords collect last month rent at lease signing.   Something I have considered but i can't see young people able to come up with $3600 at one time.   

Make your security deposit equal to rent or as high as legally possible. 

  1. EARLY LEASE TERMINATION FEE (LIQUIDATED DAMAGES). In the event the Tenants desires to terminate the Lease early they may do so at the written approval from the Landlord. A thirty day (30) written notice is required and will be provided at the first (1st) day of the month. Rent will be paid through the end of the month.
  1. a. Military Deployment Orders / PCS:

The Servicemembers Civil Relief Act (SCRA) is a law that is intended to help protect the legal rights of members called to active duty. The protections under SCRA apply to active duty members of the regular forces, members of the National Guard when serving in an active duty status under federal orders, members of the reserve forces called to active duty and members of the Coast Guard serving on active duty in support of the armed forces. Tenant’s protection under SCRA begins on the date they enter active duty and generally terminates within 30 to 90 days after the date of discharge from active duty. If you terminate your lease under the SCRA, your lease will end 30 days after the first date on which the next monthly payment of rent is due. Tenant will provide written notice to the landlord and a copy of your Permanent Change of Stations (PCS) / Deployment Orders. Tenant received permanent change of station orders or deployment orders for a period of more than 90 days will be allow ending the lease process. The deposit will be processed according to Lease agreements. No additional penalty fee will be required.

  1. b. Tenant Requested:

The Tenant will provide written and proper notice as stated above.

  1. 1. 0-3 Months: There is a penalty fee of one (1) month’s rent.
  2. 2. 3-6 Months: There is a penalty fee of two (2) month’s rent.
  3. 3. 6-9 Months: There is a penalty fee of four (4) month’s rent.

Post: Extra Guest in Rental Room not on lease.

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

You need a guest clause in your lease.  See my clause below for a sfr.

Normally i would say no, but it looks like your renting out a room and not complete apt or house.   If it this is a full apt or house i would say no, you should  not charge more for rent because your place already allows so many people in the unit, which you may not realize.   Look at fair housing,   I believe you are allowed 2 people per bedroom and 1 per living room.  

Any guest staying on the premises for more than seven (7) consecutive days or a total of twenty (20) days in any twelve (12) month period is considered a Tenant. They will be subject to application process review to be added to the lease or the Tenant may wish to terminate the Lease Agreement.

Post: Dealing with difficult building permit official in Oakland, CA

Jim AdrianPosted
  • Architect
  • Papillion, NE
  • Posts 1,675
  • Votes 840

I echo what @Nik Moushon has said.   California has unique building codes per say but I would review if you need to follow the "commercial" vs "residential" code.  The set back limitation has different distances setting that require different fire ratings. Typically this is between 0 and 30' and 0 to 2 hrs based on IBC.  I believe this is in ch 5 or 6 in IBC but i cant remember off the top of my head.  If you piss off the building and or code official you just complicated this project by 10 fold.