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All Forum Posts by: Joyce Tavares

Joyce Tavares has started 1 posts and replied 134 times.

Post: Can I retain holding deposit if tenant changes mind, no lease sig

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

When I take a hold deposit I am very clear that if they change their mind, for any reason, then it is considered a re-renting fee and is not refundable since I take it off the market when they give me the hold deposit.  Once they sign the lease, it goes 100% towards the lease.  Have never had an issue with that and everyone who has put down a hold deposit has rented the unit.

Post: Seal coat necessary on old asphalt parking lot?

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

I used SAKRETE on my rental's 400 foot driveway to patch the several potholes... I got several estimates from companys wanting hundreds of dollars.  It is too expensive to put in new asphalt as tenants would have no place to park their cars while the work was being done.  So my son and I picked up about 15 bags of SAKRETE cold patch from Home Depot ($17/bag for 50# bags) and we did it ourselves (I'm 70 years old).  No tools, no gloves, no smell and you can drive on it right away. Sooo easy. You can even put it in the potholes when it is raining.  Amazing stuff.  Go to Home Depot and they have a video.  Product is SAKRETE 50 LB U.S. Cold Patch Pothole Repair.  There were even potholes on my street and we stopped and filled them with the extra product we had.  It is truly amazing stuff and so easy to apply.

https://www.homedepot.com/p/SAKRETE-50-lb-U-S-Cold-Patch-Pothole-Repair-60450007/100672929

Post: California small claims court question

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

Hi Matt...

Sorry you're having to go thru this.

Did you take lots of pictures before move-in and after move-out?  Did you complete a move-in checklist that you both signed?  You should have sent him an estimated disposition of security deposit by US Mail prior to the 21 days saying that you would need more time to get receipts and work done.   There is a check box on the form for that.  Prior to going to Court, make a list of all of the expenses you incurred, including cleaning, carpet, paint, repairs, yard cleanup, garbage pickup, etc., including any repairs for tenant damage during the rental period, and take this with you to Court.  Is this the first rental you have had or the first time you rented out your home?  

Unfortunately, you did not follow the California Landlord/tenant rules and the Judge will let you know where you went wrong. It will be a learning experience.  I hope you have lots of pictures as this will help the Judge making the decision.

I would highly recommend purchasing the book LANDLORDING by Leigh Robinson ....it is not only enjoyable to read as a landlord, but it makes lots of sense and answers many questions you may have.  It's available at most stores and online on Amazon.  

https://smile.amazon.com/Landlording-Handymanual-Scrupulous-Landladies-Themselves/dp/0932956378/ref=sr_1_1?crid=1FTK2HNQ51LWB&dchild=1&keywords=landlording&qid=1592523026&sprefix=landlording%2Caps%2C210&sr=8-1

This is the description of the book:  

This classic book on managing rental property, widely known among landlords and landladies as their bible, has been in print for thirty-nine years, has sold over 375,000 copies, and has twice been selected as one of the top ten real estate books of the year by nationally syndicated real estate columnist Bob Bruss.

This latest edition has been thoroughly revised and updated and includes both the eighty-four forms in the previous edition plus TWO new ones. One of the new forms, the Household Pest Control Agreement, puts into words what both landlord and tenant need to understand about their cooperating to deal with household pests, especially bed bugs. The other new form, Automatic Clearing House (ACH) Recurring Payment Authorization, enables tenants to pay their rent through an automated clearing house (ACH), so they needn’t bother writing a paper check every time their rent is due.

ALSO, new in this 12th edition is a coupon which the first purchaser of the book may use to receive free of charge all of the forms in the back of the book in common computer formats, PLUS a trial version of “Pushbutton Landlording®,” the author’s stand-alone program for handling the tenant and income sides of rental property management.

Best of luck to you....   

Post: Tenants Complaining About Other Tenants

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

My units are all non-smoking, and it is in the rental agreement, as second hand smoke is harmful and any smoke lingers inside the units after they move out.  If they violate it, I first email or text them, then I follow up with a call, giving them a heads up that it will not be tolerated and they will have to leave if it continues.  No smoking, of anything, within 20 feet of the building.  Has worked so far.  If it's not already in your lease, you can send them both an addendum to the lease by certified mail.  If lower unit has a problem with it, then they need to move.

Post: Seeking advice - passing down rental properties to children

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

Have you spoken to your children yet?  I would start there and see what they say.  Managing properties is hard work and a 24/7 job if you do it yourself.  My mother passed that on to me 30 years ago and I'm not sure my kids would want to take this on.  

Post: neighbor replaced fence without asking - now wants $$$

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

I wouldn't pay and I would send him a certified letter indicating that there was nothing wrong with the fence he removed and that you would be glad to share the repair costs for any future repairs.  Do you have a recent photo of the fence he removed?  That would really help.  I would also touch bases with the other neighbors as well.  

When we replaced a side yard fence with a lattice top to make our property look nicer, we paid for it in it's entirety, getting authorization from my neighbor ahead of time.  Since it is a community fence, there are different laws state to state.  Look up on Nolo.com   I have paid for half on those fences that did need replacement, but I get an estimate from my fence guy and then pay half of that amount if it is lower and if they did not contact me ahead of time.

https://www.nolo.com/search?query=neighbors&submit.x=0&submit.y=0&submit=search

Post: Getting over my Fear of Allowing Pets

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

I am a pet-friendly landlord.  I have rented to people with pets for over 50 years and have found that in almost ALL cases, the security deposit was enough to cover any damages.  I charge a security deposit that will cover carpet and/floor replacement and cleaning/pet treatment for carpets, if they need it.  I do not charge a pet deposit, nor any additional money for pets as I consider pets a part of the family.  All renters I rent to have indoor pets, but they also have a yard with a doggie door.  I have found, over the years, that pet owners actually take better care of the units since it is hard to find landlords who are pet friendly.  I have had some really awful tenants who damaged the property who did not have pets...just screen thoroughly and go with your gut.  I do not do leases, only month-to-month, so if something goes very wrong I can give them notice and move on to the next tenant.  If you wonder how they will care for your rental, drop by their home with a form they forgot to sign, and you will see exactly how they will treat your rental.  Best of luck!!

Post: Tenant asking me to cover high utility bill

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

I would pay it since they were on emergency heat due to the length it took to get the part for the unit, and would 

thank them for their patience. 

Post: Carpets damaged when tenant moved

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

First, how much security deposit did you receive?

Post: Tenant asking carpet replacement - will pay 50%

Joyce TavaresPosted
  • Real Estate Investor
  • Hayward, CA
  • Posts 134
  • Votes 88

I would tell her that if she is there for a year, I would replace it at no cost to her.  However, after one year I would also increase the rent 3%, which may even cover the cost of the carpet in a couple of  years.  She may not want tile as it is cold.  If she looks to be an awesome tenant, I do go out of my way to make them feel comfortable.  :0)  Worth it in the long run.