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: Account Closed

Account Closed has started 4 posts and replied 137 times.

Post: Tenant breaks lease earlier, claiming to have sent me notice.

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37
Originally posted by @Jerry W.:

@Account Closed, I would go with what @Marcia Maynard said above.  I am in business to make money, but not off the backs of those suffering a catastrophic health event.  If that is not enough remember that courts sit in both equity and in law.  Despite your contract the court may give them a break.  in fact truth is I really admire Marcia's post above.  That is a class act.

 Thank you , Jerry. You are very active on BP forums . I always read your communications with other members and really learning a lot from you.

Post: Tenant breaks lease earlier, claiming to have sent me notice.

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37
Originally posted by @Marcia Maynard:

I would tell them that I was sorry to hear about the husband's health situation.

I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.

A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.

The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.

I would keep them accountable for August rent, but let them break the lease and move-out without penalty.

I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.

I would also, provide them with a community resource list. As they will need many services and other support at a time like this.

Thank you, Marcia. I knew your picture was kind of familiar, but I couldn't remember where from. Then I noticed on the bottom of your post " guest on episode 83" I realized that I was listening  to that podcast a while ago. Now I am sure to find time to listen to it again today more closely.

Post: Tenant breaks lease earlier, claiming to have sent me notice.

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37
Originally posted by @Marcia Maynard:

I would tell them that I was sorry to hear about the husband's health situation.

I would let them know I didn't receive their Notice to Vacate (or the whatever the equivalent legal form is for your jurisdiction). Now that I am hearing about it for the first time and know their intention, I would give them the proper form for them to fill out. This form would put in writing, with their signature, their intent to vacate and the date of their intended last day of tenancy.

A health situation like this is not only heartbreaking, but is likely to result in both the husband and wife not thinking clearly and under substantial stress.

The tenant is informing you that they can't afford to rent the place any longer and/or need to move for health reasons. I would negotiate a move-out plan with them.

I would keep them accountable for August rent, but let them break the lease and move-out without penalty.

I would let them know that we serve the Notice to Pay Rent or Quit whenever rent is not received on time for the current month. No harm intended. In fact, if they don't have the money for August rent, then the Notice to Pay Rent or Quit might be beneficial to them, as they might be able to find an agency that will be able to help them cover the rent, and most such agencies require a copy of this before they can help.

I would also, provide them with a community resource list. As they will need many services and other support at a time like this.

Post: Tenant breaks lease earlier, claiming to have sent me notice.

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37

Thank you very much for your reply. I just emailed them and wrote just what you suggested .

Post: Tenant breaks lease earlier, claiming to have sent me notice.

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37

Here is the story. My tenants were 2 days late on the rent, when I texted them with the unavoidable question I got a reply "Hi, I sent you a memo back in June that we were leaving mid. August "

What??? I never got any memos. And how can I prove that???

Turned out the tenant's husband got cancer for the second time, which was the reason for them to lose their house years ago. From her words she doesn't know how long he got to live.  They can no longer stay at my property. 

My husband promptly posted Notice to Quite on there door, to protect ourselves in case they would not move out like they say. I was instantly excused of being unprofessional and heartless. 

Now they have to pay $ 2000 in early termination fee according to the contract. I know I will never see that money. And I know they will probably ask for the deposit back.

I feel very bad. After all they were alright tenants.

What would you do  next?

Post: zoning permit in Philadelphia

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37

Thank you, Michael!

Post: zoning permit in Philadelphia

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37

Thank you , Ifran. Can someone enlighten me on how to use landlord tenant court files. Is that available online somewhere for public use?

Post: zoning permit in Philadelphia

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37
Originally posted by @Michael Enriquez:

@Account Closed prior to closing on my duplex in West Philadelphia I had done a lot of research because the home was zoned RSA5. I then checked the zoning archives and found documentation showing that it had been used as a duplex since 1949!

Long story short, while performing my due diligence I was snooping around landlord-tenant court files involving the previous owner who had run into the same issue as far as attempting to obtain 2 rental licenses. I will look it up again and advise you of the attorney's name on the docket. 

 Greatly appreciateappreciate it!

Post: Should I Stay or Should I Go Now? If I Stay There Will Be Trouble

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37
Originally posted by @Michael Swan:

Here it is everyone.  Check it out!!

https://youtu.be/pDin2hzLlv8

Post: zoning permit in Philadelphia

Account ClosedPosted
  • Philadelphia, PA
  • Posts 140
  • Votes 37
Originally posted by @Chris K.:

@Account Closed

No zoning lawyer worth hiring will take these cases on a contingency basis. In many situations, it's incredibly time-consuming work.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

 Where do I find a zoning atterney worth hiring? Nobody I know had the same problem.