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All Forum Posts by: Mario Bellavia

Mario Bellavia has started 4 posts and replied 152 times.

Post: Help!!! I am buying a home for Sale by Owner.

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

I would use your own title company, it's good to bring your own assembled team to the table @Jenny Stallings

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72
Originally posted by @JJ Conway:

In some jurisdictions, if you accept partial payment, especially in light of him moving out, it could put the squash on evicting. Even if you don't actually want to go to court, if you live in one of those jurisdictions, threatening to sue will have no effect if he knows the game and has already paid you partial.  Just recommending you check before accepting payment.

Another strategy (though admittedly this works better when the tenant is on the hook for the whole lease rather than just a 1-month fee), is to tell you'll forgive the remainder of the lease and report the forgiveness to the IRS as income- which could make him ineligible for benefits (such as a Below Market Rent apartment).

The best part is you have a tenant lined up.  Even if he stays, with what you said about the extras you did for him, sounds like you are WAY better off having someone else rather than someone so demanding for the next 2 years

 Good point.  I contacted my attorney today before making any moves, I've stop communicating with the tenant until I make a decision on what to do.  Honestly I could probably write the $500.00 off as a loss on my taxes, and I know the attorney will charge a fee, so I'm thinking my best bet is to just accept his offer of $500.  Stay tuned.  I will updated everyone with my decision.   

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72
Originally posted by @JJ Conway:

In some jurisdictions, if you accept partial payment, especially in light of him moving out, it could put the squash on evicting. Even if you don't actually want to go to court, if you live in one of those jurisdictions, threatening to sue will have no effect if he knows the game and has already paid you partial.  Just recommending you check before accepting payment.

Another strategy (though admittedly this works better when the tenant is on the hook for the whole lease rather than just a 1-month fee), is to tell you'll forgive the remainder of the lease and report the forgiveness to the IRS as income- which could make him ineligible for benefits (such as a Below Market Rent apartment).

The best part is you have a tenant lined up.  Even if he stays, with what you said about the extras you did for him, sounds like you are WAY better off having someone else rather than someone so demanding for the next 2 years

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

@Jean H. The funniest part is, he was accepted to the affordable housing program that MY company manages!  I'm a full time property manager.  I contacted the manager of the building he is going to, he has already been accepted and screened, it won't affect him unfortunately.  They don't screen after the 1st year so it won't affect him in the short term but definitely in the long run if I pursed. 

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

@Thomas S. I'm going to try to get the half month's rent from him like he wants to pay, so at least I have that and try to diffuse the situation.  I'll take him to small claims court after. 

If I contact my attorney, they will charge me.  If he pays me, I only need to collect another $500.00.  

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

@Thomas S. I collected one month's deposit, and 1st month's rent, last month when he moved in.  He owes me for this month's rent, pro-rated which is $1020.00.  So far I've collected $2550 from him, which he argues is more than fair for such a short amount of time.  He is moving out this month so I can't evict him.  

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

He was contacted a week after moving in, for affordable housing at a luxury building (BMR, below market rate apartment), he was on the list for 2 years.  @Karl B.

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

Thank you @Karl B. accepting the half months would be a complete favor to him and honestly, I painted the place for him (a color he picked), let him move in a day early, and reduced the rent for him.  I've gone above and beyond for him, which I feel is why he's trying to take advantage now.  I'm going to hold my ground and take this all the way.  I'm just concerned I may not get the full amount, is it a gamble 50/50 that I will get my money or am I guaranteed to win?  I have a great lease, did a background check, and have a ton of txt from him, a series of state he agreed to the lease, but now he's changing his mind. 

Post: Early lease termination

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

Hi All,

I have a tenant that just moved in, March 1st.  We signed a 2-year agreement, early buy out clause of 30 days notice, 1 months rent.

He is giving me a hell of a hard time now, he is breaking the lease for a better opportunity.  I told him our signed agreement states the early termination fee is 1 months rent, he wants to give me half and hasn't paid anything this month, his last month with me. 

Should I bite the bullet and accept the half months rent or take him to small claims court for the full amount? 

I have another tenant already lined up, a signed lease and new deposit but I feel fully entitled to the termination fee, it was spelled out in the lease agreement.  

Post: Prospective tenants no-show for tour

Mario BellaviaPosted
  • Real Estate Agent
  • CT
  • Posts 160
  • Votes 72

I recently had an issue filling my rental.  I emailed off a 3 page pre-screening document to prospects asking them to fill it out prior to our meeting.  No one filled it out except for 3 people out of all the tours, however I do think it's a great tool at weeding out who is serious and who isn't, but can scare away potential serious renters too. For example I ask, do you have pets, ever been evicted, length of time at current job, current job, etc.  My second time around, I filled my rental and called everyone that inquired, I asked them the same questions on the phone and had better success, rented to my first appointment.  

It sounds like your rent my be too high.  If it's priced right, calls will come in, and it will rent quick.  I had my rental higher last year to test the market, crickets.  I also make a point to include everything in the rental, for example my condo includes hot water/heat.  I cover the electricity (it's a 498sqft studio), and include parking, and the price becomes that much more attractive.  It would be the same a la carte, however it's a great mental trick for marketing.