All Forum Posts by: Josue Vargas

@Kate Lee

Knowing you are an out-of-state "prospect buyer" and looking to buy most likely distress properties, it will take more effort for an Agent to do what you want.  Their time is valuable.  They don't know you, you don't know them, therefore show them proof you are a serious buyer and can actually have a good chance to close on a property.  Pre-approval letter with a lender will be great specially if you are looking to buy distress properties and asking for a superstar agent.  Pre-qualified letters are good, not great.  

Most agents don't want to spend time with people who don't know and are a long shot, specially in this crazy market with a lot of offers and buyers paying over the top asking price to secure their offers (its a sellers market, not a buyers market).  In Texas, like @Steve K. said, you are a customer without an agreement and you are a client with an agreement, meaning with an agreement they have "fiduciary" duties to you and you will be properly represented.  That said, do not sign an agreement until you know them, have video conferences with them, be prepared.  Do not just look around and have one or two phone conversations and expect a superstar agent to work for you without an agreement and no commitment from you.  

Good luck.

Most of us have been there in some point of our lifetime (I did it!, however I paid the fee for getting out, it was not a free pass and I think to this day it was beneficial for both, the landlord and myself).  In Texas, FYI valid and enforceable contracts are in writing for leases of at least 1 year. Make sure you put anything in writing. Verbal agreements are not enforceable in court for leases over 1-year.  For future prospect tenants, if they verbally tell you they are moving out before the lease expired, just don't lease to them if you don't agree.  What I have done with such prospects when they are unsure when to move out is to charge a higher rent or make clear they understand the subletting and assignment clause.  

I most likely will negotiate with them, but from past experience they not always agree to the terms and have to negotiate with them and explain all over again.  One of them even threated me to court, after we had a binding contract addendum we both signed.  By the way he was an MD (doctor), not someone who was renting at $1500.  There are people, and there are scrupulous people of which you will never understand what is going thought their life.  

If they are subletting, the original tenant is responsible for all actions of the subletting individuals (I would recommend not to do this for many reasons).  With an assignment on the other hand, you will have a new Tenant that is responsible for carrying on the original lease, typically you will charge the original tenant a fee for transferring the lease to the other.  In the lease for subletting or assignment there is spaces you can charge for fees... Typically I put one month rent to cover for my expenses.

Get very familiar with the contract lease agreement. I know this is kind of a grey area for some, hopefully I convey my point here. Other that have your Agent/Broker explain to you or you can always talk to an attorney.

Whoever, Good luck!

Document, document, document.  

Let your Agent talk to his Broker help to you. Try to reach out to the Agent's Broker!  In most states (not sure GA) the seller owns the property until midnight of the day of closing.  If you notice the missing units at the day of closing, then the seller is most likely a big concern.  I believe you have a voidable contract, you can opt out if hat's the case in your state, but make sure you have proof of this happening before midnight on the day of closing.  If that happens overnight after 12:00 pm after closing, then the police report etc will help.  I'm not sure in GA, ask your Agent's Broker and seek advice from an attorney/lawyer. 

Good luck.  

No discrimination allowed based on color/race.  For appraisals, landlords, buyers, sellers, sales agents, brokers, lenders, inspectors, Title companies, etc. licensed or not.  Period. 

@Jerel Ehlert

Interesting point of exempting tenants to get out from the contract if they are purchasing a homestead property.  I think is not needed, and I think is also fair for the landlord not to loose interest and compensation from such actions (or inactions) of the tenants.  I believe that's why the TR lease have and should have (or a contract prepared by an attorney) the Early Termination clause with an option for a assignee or subletting.  

That way both the tenant and landlord can have an option to mitigate income loss (for the landlord) or overspending (for the tenant).

Giving a somewhat free pass to Tenants on a 1-year lease if they are buying a homestead is an open Pandora box, just my opinion.  What happens if they are in a 1-4 residential purchase contract and they can't close due to financing etc?  How pays for my costs incurred looking for the new tenant?  What if I have a new tenant lease agreement to move in on Jan 1st, but current tenant won't vacate on or before Jan 1st due to something going on for whatever the reason?  I bet there are good reasons TREC has promulgated leases for up to 90-days... 

Agreed with most here, assuming this for at least 1-year residential lease which sounds it is, and in writing. 

The PM you hired is your employee, you are the employer, make them do their job.  

Good news is you should have a Texas Realtor residential lease -- Only if your PM is competent enough and filled-in the blanks appropriately you should be able to chase what they owe you.  

Read the PM agreement you signed and make them accountable for providing the service you hired them to do.   

@Mark Nugent

Try the "Do Not Call Registry".   https://www.donotcall.gov. Register the number with the Federal Trade Commission.  If someone reached out without proper consent, they can get fine with up to $10,000 for EACH unsolicitated calls to your registered number.  Texts are also included.  

Up to you. In my area is very common SFR tenants pay for utilities, therefore utilities are not included in my property leases (electrical, gas, water, sewer, garbage, salt for water softener, etc). Yard maintenance is also not included. Bush trimming and tree branch cutouts are included - if they are within 3-ft of the main property-structure (walls and roofs).

Good luck. 

If you can't elaborate i.e. how meters are set up, apartment vs single unit, what says in the lease, how many units, etc., then I think you are most likely paying the bill.  

In other words how can we help you if you don't at least make an effort to properly describe your issue? 

I learned the lesson, no "frisking" blinds or curtains for tenants. Last time I heard privacy is not something required for protecting individuals or class or anything like this; there are areas or spaces where must be private (i.e. bathrooms).  I assume most of private areas within the inside of the property are without outside straight sight view.  However, they are lucky if there are some blinds or window coverings in place.

Whatever you do, make sure to have that in the lease/contract: "Window coverings stays with the property".  

I had a very nice tenant, moving company took rods and curtains (like 12 of them).  Then after they moved out, I could not contact them... until their received their deposit with way less amount as they were expecting.

Following up, a lot of calls from them, curtains in Pittsburgh, my property in San Antonio, who pays for the curtains?  Yeah...

If you rent without window coverings, then the property is without window coverings.  Expect to have some wholes in the walls when they leave.  In my experience this is some typical expense I have to deduct from deposits when it comes to it.