All Forum Posts by: Greg H.

Evictions for non payment of rent or being a holdover tenant are not different as the process is the same. Personally I would not wait another month. 

As far as collecting past due rent, the phrase that most likely applies is “you can’t bleed a turnip”

So I have had to do this twice and had to get “creative” both times. Thankfully my wife’s best friend is a notary and scanners are a good thing!!

I highly suggest asking the title company to sign any notarized in advance as you will have difficulty in finding a notary as it is not the same in many countries. Additionally, besides the notary you will also need to overnight does which is likely not part 

Quote from @Scott E.:

Quote from @Bob Stevens:

Quote from @Mike Romano:

Hello,

Is it possible to use hard money to flip a house and then make it my primary residence?  I have my primary home which I'm planning to stay maybe for a year, I'm exploring the possibilities of how I can achieve this. Additionally, my company is already established, and it's the one I use for my house flipping.

I appreciate your help in advance!

 YES, not really sure what else to say, HM lender does not care how you " get it out of their name " 

good luck 

 "YES, HM lender does not care how you get it out of their name"

Bob I know you're experienced. I've seen you around the forums forever. But this is just flat out, 100% wrong. Have you ever got a hard money loan?

 I am assuming Bob is referring to to getting the loan paid off.  So why would a HM lender care how they are paid off?

@Tammy Helble

This is a Texas answer and you probably will not like it. The reality is you have less than 1% chance of ever collecting the past due rent granted in the judgement much less the late fees unless they were military using the deposit waiver. No garnishment of wages is allowed in Texas 

Hopefully they will move and you will not have to get a writ. When they move, 100% of your focus should be on getting the property rented 

@Dan H.

Maybe I am off but It seems we are saying 2 different things 

A landlord sending a new lease does not make the existing month to month lease void. A lease just like any contract requires a meeting of the minds and be signed by both parties(Some states allow verbal leases). Absent of that as in this case, the month to month lease is still in effect 

The landlord’s remedy is to give proper notice which on a month to month lease is 30 days notice to terminate the lease(I believe Florida is 15 days). This would apply to either party or the month to month lease remains in effect. The landlord could also raise the rent or change any other terms by giving proper notice 

In this scenario, it appears the LL just sent a new lease and then 9 days later wants to know their options. Assuming the tenant is current on rent, there is nothing here that would warrant an eviction 

Quote from @Dan H.:

Quote from @Greg H.:

Quote from @Tiphany Weeks:

Hey Martha, it depends on if they have already had an existing lease or if this is a new tenant. If they refuse to sign the lease then I would start the eviction process (which is a process and can be lengthy) so I wouldn’t wait. I would also start the process of looking for a new tenant. 

Evict them for what reason? They are not behind on their rent nor in violation in any way as no one can be forced to sign a lease. The remedy is to continue the previous lease which is now month to month or give proper notice to end the tenancy 

>Evict them for what reason?

because they have not signed the lease and the LL requires it.   The lease has expired.  On non-rent controlled units, the LL can change the terms of the lease however they desire (within the laws of the jurisdiction).

>They are not behind on their rent nor in violation in any way as no one can be forced to sign a lease.

They do not need to sign the lease, they can choose to vacate.   Who do you think owns the property?  Who do you think makes the rules?  How do you think the rules are communicated and agreed to?  The lease that was previously signed were the conditions for rental when signed.  Once that lease is expired, the LL can choose not to rent to current tenant (at least on non-rent controlled units).

 In my jurisdiction a LL does not need to offer a month to month lease if the tenant is on a duration lease (non month to month lease) even on rent controlled units.  The tenant does not sign, their lease is up.  They get notification that they sign the new lease or their lease is expired and they must vacate.  If they fail to vacate, they get served to be evicted for not signing the new lease.  

 That is not correct. Refusing to sign the lease is not grounds for eviction as the previous lease is still in effect as sending a new lease would not terminate the previous month to month lease unless stated by the seller with proper notice or agreed to by both parties. Additionally, the tenant cannot just vacate without proper notice required under the month to month lease without giving the proper notice required under the month to month lease. Any change of terms sent by a landlord or a tenant for that matter has no affect until signed by both parties 

Quote from @Tiphany Weeks:

Hey Martha, it depends on if they have already had an existing lease or if this is a new tenant. If they refuse to sign the lease then I would start the eviction process (which is a process and can be lengthy) so I wouldn’t wait. I would also start the process of looking for a new tenant. 

Evict them for what reason? They are not behind on their rent nor in violation in any way as no one can be forced to sign a lease. The remedy is to continue the previous lease which is now month to month or give proper notice to end the tenancy 

I manage more than 30 properties that I own over a few different states.  We spend several months every year outside the country usually in the Bahamas or Cabo.  I just have my tenants make sure they both email and text when they have an issue to make sure I do not miss anything

My tenants either pay online or send to a private mail box that I have forwarded to me.  Issues have been very small over the 5 years I have done this

This is an issue and the reason many HUD sales with financing fail to close

First check with your lender to ascertain if they have a work around

Second, depending on the results of the FSM inspection, you may be able to turn on the utilities for a short period at your expense. 

Quote from @Spencer Krautkramer:

I am looking into doing my first house hack. I am looking into duplexes and would rent out one unit and live in the other. I would also like to have a roommate in the unit I am living in. I was planning on finding a roommate through the Roommate pages on Facebook. However, what I'm wondering is; If I am posting about looking for a roommate and mention something such as "male roommate," am I subject to going against Fair Housing Laws since I am technically also the landlord rather than just another roommate?

 Fair housing does not apply in your case as your own home is exempt if you occupy so the reality is you are "free" to discriminate.  However you cannot discriminate in your advertising so I would not mention "male roommate"