All Forum Posts by: Justin Harford

Greetings everyone

I realize it has been a while since I responded to this, and I thought I should follow up. From my perspective, the situation keeps getting stranger and stranger, and I think that my judgment is being clouded by the fact that it is hard now for me to trust the tenant anymore. I will do my best to see what I can explain here, and maybe somebody in my area can help me out. I am in touch with a property management company as well, but it seems that a lot of them don't want to step in when there is already a difficult situation

I found an attorney recommended through a friend on bigger pockets. The attorney has counseled me that the tenant retains his right to stay in the property. His ex-girlfriend testified to the police that she left because he was hitting her repeatedly and she feared for her own safety and the safety of her daughter. The police also told me that he was lying about his suicide attempt, until they showed him the physical evidence, and then he admitted it. When I asked for the police report they told me that they were going to redact all of that out. Because of that, there is no evidence of any of it, and he can simply ledge that it was an accident. In order for an act to be "outragious in the extreme," which would be grounds for eviction for cause, it has to be on purpose.

About three weeks ago, the tenant asked me my preference, and I said I thought it would be better if they left. She couldn't wait to get out, and didn't even bother to send me notice. She could've gotten out of the lease sooner if she wrote me a letter with a qualified third-party testifying that there was domestic abuse, but she didn't even do that. At the time he was in Iowa, and he came back about a week sooner than he said he was going to originally, apparently to move his stuff out and throw away some leftover junk.

Up to this point, it has looked as though he was going to move out, but now he is saying that it is hard for him to find housing. He is living on an income of between 2600 and 4000 per month which seems to me like it would be enough. A couple days ago when he told me about his income, he made it sound like he could live there just fine on his own, except now he is telling me that he needs a roommate. He says that in order to have enough money to move by October, when the lease finally ends, he needs to be able to have the extra savings.

Up to this point, I have been trying to give him his space in hopes that he would move out. I told him that they could have their deposit back in full if he would just leave it in the condition that it is. That might've been a mistake.

On one hand, I would only be adding a roommate by addendum to the existing contract, which expires in five months, and they would be jointly and separately responsible for the rent. The damage to the building is already done regarding the carpets, and possibly paint on the walls which need to be replaced because of all the blood, So what is the big deal if I wait five months before having to do all that work. On the other hand, somebody, who is on his side not mine, would be moving in, and do I really want to give him and his friends more rights to the property than they already have.

And of course he is trying to explain that it would make it easier for him to move if you were able to save an extra $400 per month for a while, given all the money that he lost in the separation. Yes I know… Textbook example of tenants trying to make their problems yours.

It seems like if he had just had a break up, this request would not seem so unusual. But I realize that I am at the point where I can't trust him anymore.

How would you navigate a situation like this? Have any of you ever had to be forced to negotiate with the tenant who had legal rights to the property, but who you couldn't trust? That must be something that happens sometimes, and you just have to hold your tongue maybe. Thoughts? Of course there is the extra problem with the fact that he lives next door. If I were on the other side of town, I might have some peace of mind at least as to my own safety, but I feel like my decisions as a property manager are definitely influenced by that personal desire of self-preservation.

 I wonder what people think the advice would be for this in the case of Oregon. I have a duplex in Springfield which currently has quite a bit of grass. Most of the year we get free water from the sky, but there are a couple challenging months in the summer.

good morning. Yes the question was brought up to me that I might hold them responsible for paying for part of it at least keeping their deposit. Reflecting on that more, that deposit is my last negotiating chip that I have with them, and I am thinking about a cash for keys if I choose to have them out. My feeling is that if it is so bad that I want them to give me their deposit, I should just send them somewhere else. This is a scary idea though since this will be my first time finding tenants, but I guess it has to come eventually.

She has had plenty of chances to tell me that it was domestic violence and she hasn't. He was actually by himself when it happened.

The idea that a tenant keeping guns in the apartment had never occurred to me as a problem before, and now all kinds of problems are coming to mind. He had a small child as well. I assumed that having guns he would know about gun safety, but after this I'm not sure. I certainly don't care to dispute the idea that if somebody broke into his apartment he had the right to shoot them in self-defense. Oregon law provides for that. But at the same time I don't feel like I should have to assume all this risk.

What Scares me is how easy will it be to rent again. There was a massive spectacle in front of the building that lasted for almost 12 hours. It's on a slightly busy road with lots of cars going by and lots of witnesses. Can you imagine how it would look if I put the place up for rent in the next month. What would people say?

For a variety of reasons I am thinking about property management. At the same time, I'm embarrassed to say that I don't think this was the wisest decision given our market. I purchased on an FHA loan, and while this was one of the better deals that I was finding, the remaining monthly cash flow that I get is about $300. I don't pay any of their utilities, but I am learning now that with the cost of landscaping and things like this, I would be lucky if I broke even, though I'm not sure I will do that.

I am also taking on this project as somebody with a vision disability. I use a cane and braille and all of the works. It creates a different dynamic, and I don't know that there are very many investors out there that can help counsel me through those unique challenges… If there are any.

Reflections

I have a recommendation of an attorney who I'm going to call tomorrow. In my lease, it's provided that the tenants are liable for any damage that they inflict on the property, and from a conversation over the phone, it sounds like the damage is pretty severe… Enough to exceed my deductible. It was recommended, though not required in the rental contract that they had rental insurance. They didn't. It seems like they could be put on notice that they owe me for those damages.

Another issue is that it sounds like there is some blood smattering in the unit on the floors and some on the walls. So there is The question of finding a properly certified cleaner to come and remove that… Someone licensed in biohazard cleanup. It seems like we might just have to replace the carpets in general, though one person advising me doesn't think so.

It's sad, because when I moved here, this whole area gives such an impression of being a nice neighborhood. A lot of the houses around us show pride of ownership. It seems like we are just a few duplexes around here in a whole neighborhood of single-family homes. When it stops raining you hear the kids running around and playing in the park nearby, and in people's backyards. Similarly, the tenants have been very good as well. The previous owner apparently like them so much he extended their lease. They seemed to take care of the unit, even the yard which is quite large. They've never been a problem in the past. Maybe the guy just screwed up.

It reminds me of a story that the seller told us. He had previously rented to someone who seemed like a great pic. She was a secretary, seem like a good person. I don't know how much he background checked her. At any rate he said it cost him about $3000 to put the place back to the way it was when he rented it to her. Background checking is extremely important, and I definitely feel like I would've had a peace of mind if I had background checked the tenants myself and check the references, but I sometimes wonder if I would've found anything. It seems like you could find depravity and darkness even in the most pleasant places.

At any rate, I am also trying to see if I can get the police report, and possibly some clues before the police report, which will not be released possibly for another week. I guess I'm hoping maybe that it will tell me something about the truthfulness of the story that the tenants are telling me.

 Thank you everybody for your feedback. He survived. It was a shoulder wound. No break in. Unfortunately my contract that I  inherited  does not have a no guns clause.  It is illegal in Oregon to improperly discharge a firearm within city limits, and this might fall under that.   

 I know what you are going to be thinking… I inherited them from the previous owner. They are on a year lease and have rights until October.  Since they had recently separated without telling me, they might just want to leave anyway. At any rate, what legal standing does attempted suicide give a property manager to terminate a year lease? Damages to the property? Oregon statutes say that a lease can be terminated for   an act  which is defined as "out rages in the extreme," among those being prostitution or manufacturer/selling of drugs. It does not define self harm, and in fact it seems like it's pretty hard to figure out what it means. Thoughts? 

Greetings bigger pockets.

I need urgent help. I am living in an owner occupied duplex and renting out the other side. This is my first rental and I closed last December.

My tenant just got shot last night. It's not clear if he got shot by himself or by someone else, though it happened inside, and the officer did not mention anything about a break-in. I hope I will be finding out more details about that later today.

He had a girlfriend and they had recently broken up. They also have a child and a pet.

It seems like there are a lot of implications that this has, and that I need help understanding. I also need to figure out what the next steps are for myself. Should I get new tenants? How do I approach it with his girlfriend and him if they want to stay or not? It seems like they would want to go but I'm not sure. How easy is it to even rent out again? It looks like Oregon law says that I don't have to disclose to prospective future tenants, though I think it was fairly obvious that something had happened since the police and the fire department were there for so long.

Has this ever happened to anyone and what steps did you take?

Hey Michael thanks for the reply. Im glad i could clarify with a second opinion. Cheers

Greetings bigger pockets

I am working on purchasing my first duplex in Eugene/Springfield OR.

A general inspector recommended that we have a cast iron drain pipe to the sewer scoped buy a specialist. The specialist came back and said that it looked fine now, but when I asked him for more details, he explained that he thought it could last perhaps between three and 10 years. The unit is from the 1960s.

My realtor owns several investment properties from the 1920s through the 1940s, and he thinks that the idea that the seller would allow a credit for this kind of a job is next to impossible, and he says that he would cringe asking. It is not orangeburg.

It seems like this job will cost in the thousands of dollars to fix when it does become a problem, and I know that costs of rehab can be considered when deciding on an offer, and I wanted to check if you think that this would qualify, or if, in this situation, it would be normal for me to pay the agreed on price, given that this was not considered, and budget to fix it myself down the line.

Greetings all

I figured it was time that I introduce myself. I have been following the forms and the podcast for sometime now, and exploring the local Zillow postings in my area and am getting ready to jump in.

I recently moved to Eugene Oregon to take my job at a local nonprofit. We support people with disabilities in their goals to participate in all sorts of international exchange including study abroad, volunteers in and internships through advice and developing online resources. It resonates with my experience studying abroad for a year in Latin America when I was in college.

At the same time, it does not come with a retirement plan so I figured that I better get started figuring it out myself.

From looking at my situation, it seems that the best place to start would be a small multi family property, most likely a duplex. I am aiming for something that produces enough cash flow that perhaps if I rent out one side, and maybe a part of the other while I live there, I might be able to achieve some sort of house Haque, Which would be great as it would enable me to continue saving at the same speed that I am now, living in a shared situation. I will try to get this with an FHA loan, since it is my first house.

I am kind of curious, for the people who are in Eugene or familiar with this area, if this is feasible still. I am interacting with a mortgage broker, who has recommended me to a realtor who he says is good at finding investment properties.

If you were trying to learn about an area, what steps would you take?

I am also curious if there might be somebody out there who knows this market, Who might be able to share some information over coffee (at my expense of course). Maybe they might even be some way that I could exchange my skills in exchange for someone's mentorship... fielding phone calls, HTML editing, Spanish fluency, social media…

And my last question is that I recall a while back there was a posting about a gathering in Portland during the first half of October, and I was curious if someone might share that info again.

Sincerely

Justin