Skip to content
×
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
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
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: Steve Nowak

Steve Nowak has started 4 posts and replied 80 times.

Originally posted by @Account Closed:

@Steve Nowak You should have in your lease if the service technician fails to show up the tenant should be able to charge the landlord.

Good point.  I guess it's harder to quantify the damage a tenant suffers from a missed appointment, whereas if a tenant misses an appointment and the technician send me a bill for the missed appointment, I have something actionable and can forward it to the tenant for reimbursement.

That said, if one of my tenants waited around for a long time for a no-show technician, I would probably offer some type of compensation, depending on the circumstance - even if the tenant didn't request it.

Originally posted by @Brianne H.:

@Steve Nowak are you allowed to specify no subletting (or assigning)? I know in AB unless a landlord has a good reason (that can be proved in court if it came to that), the tenant has the right to sublet or assign the lease. Now the landlord can charge a "reasonable" fee for the tenant to do so, but they must allow it. 

In my state, Landlords can flat out refuse subletting and/or assigning without having to provide a reasonable explanation.  As noted by another poster, laws about this vary by location.

One way to look at it: the tenant will pay more for the flexibility of a month-to-month tenancy.  That's not unreasonable, although in some situations the landlord rather than the tenant benefits more from such an arrangement.   The clause doesn't preclude you from later agreeing to a new lease for another fixed term at the same rate.

Some ones that I've added, based on experience:

Tenants are not to remove or disable smoke detectors, and are to test them periodically and promptly report issues.

Tenants are not to put grease, fat, or fibrous items in the garbage disposal.

No objects except toilet paper are to be flushed down the toilet - even items labelled "flushable."

Smoking is not allowed anywhere on the property, indoors or outdoors.  (If you are okay with outdoor smoking, maybe consider restricting it to designated areas, away from flammable material like mulch.  And require that butts are to be safety discarded).

No guests are allowed to stay over more than xxx nights within a year without prior approval.

If tenants fail to keep appointments with service technicians dispatched by me to the property, they will pay any missed-appointment fees.

Specify responsibilities for snow and ice removal, but consult with local laws and ordinances.

No subletting, and no Airbnb-type rentals.

I am not a lawyer, but it seems like a standard provision.  The last sentence means that if either the owner or agent don't honor the terms of the agreement and the other party is harmed as a result, then that party can sue the other party for damages suffered.  

As to whether the agreement is "safe to sign", only a qualified attorney should answer that after reviewing it entirely.

As others mentioned, be sure you are familiar with state laws governing residential leases.  A number of examples of California leases can be found through a simple Google search.  And consider hiring a landlord-tenant attorney to create a lease for you - it might be worth the investment.

I've never owned one, but I can share my experience as a former renter.  My first apartment was a garden-style unit.  Because it was partially in the basement, it regularly had a musty smell and eventually mold developed.  Granted, it was my first time living away from home.  I was a lot younger then and didn't have the best housekeeping habits.  But I would never want to live in one again.  If you're considering buying one, consider the potential maintenance costs.  They can be more prone to flooding, etc.

Post: Fees and charges that are illegal

Steve NowakPosted
  • Boston, MA
  • Posts 99
  • Votes 28

I have prospective tenants show me a copy of their credit report, issued in the past 30 days.  And then, after doing more research, if I feel strongly enough about someone, I'll pay for a background check.

Post: Option to renew lease

Steve NowakPosted
  • Boston, MA
  • Posts 99
  • Votes 28

If my tenants are reliable, I reach out to them four months before the lease ends and give them a month to decide. Lots of free lease extension forms and sample renewal offer letters can be found online.  But check what your current lease says about extensions: some leases automatically extend on their current terms unless termination notice is provided by s certain date.  Also, if you have exceptional tenants, you might want to consider foregoing a rent increase this time around.  

I have an HVAC technician come by one a year to inspect the system and perform the needed maintenance.