All Forum Posts by: Michael Gefvert

I know a realtor near me who has someone do this to capture property images to put in the listings.  No idea what it costs, but I think asking a few realtors if they know anybody who does what you need would be a first step in finding someone.

Are you willing to stake your future on the BP commentariat?  For much less than the cost of what you would be facing if this whole thing falls apart you could retain a Texas real estate attorney to advise you on how best to accomplish your goal and draft the contract for you.    

You're right about the differences between HUD and ADA, but that doesn't make a difference for a landlord as you have to follow both. Now if you owned a restaurant, you wouldn't need to accommodate someone's ESA boa constrictor because you wouldn't be covered under HUD. You'd still have to accommodate a seeing eye dog because you are covered under ADA. Make sense?

This is probably the best resource out there for ESAs.  The costs associated with non-compliance are steep, tread lightly.

You need to check your lease and relevant state statutes and case law on the matter but typically in a situation where the home is still habitable you would reduce tenants rent by the reduction in value of the property, which is likely substantial when going from 3br/2ba to 2br/1ba.  Being proactive here would be helpful-- you could offer to help move your tenants belongings from the master bedroom to whichever room they choose to set up in temporarily.  I would move everything out, drywall dust will get into anything left in there.

I am not your lawyer, and this is not legal advice, it is intended only as general advice that you may consider in deciding whether you want to seek legal advice from an attorney licensed in your jurisdiction.

Usually when I tell someone it is not worth it to pursue damages it is because the Tenant is insolvent or the amount recoverable wouldn't offset the legal costs of pursing it.  That doesn't appear to be the case here.  Depending on the amount of damages done to your property and how well the security deposit covers them, it may be worthwhile to pursue in court considering you have an additional argument of breach of the month-to-month lease.  

If I were in your shoes, I'd consult a local landlord-tenant attorney about it.  Do you have local real estate investor meet-ups where you could get a referral?  If you go this route, you should ask the attorney:
(1) what amount he or she expects would be awarded in damages,

(2) what the process is for collecting a damages award if the Tenant won't willingly pay,

(3) what the fee structure is and what it will cost you to collect

If you hire an attorney, he or she may start by writing a demand letter to the Tenant explaining your legal position and demanding an amount of money to forego filing a lawsuit.  This may work to get you money owed without the expense of actually going to court for it.

Without knowing the particulars of your screening process, the way you describe it combined with the number of applicants you reject for each rental makes it sounds like a matter of time before you face a fair housing violation.

Wow.  I'd hire a lawyer to look into this from all angles before shelling out that kind of money for the privilege of removing a tree that is causing structural damage.  

Why are you rejecting the applicants?  Do you require all married couples to have each spouse independently qualify?  Would you reject a family where one of the parents stays home and makes no income?  Was the criminal history drug manufacture or distribution related?  A violent crime? How long ago?  

What is the likelihood that your applicants are going to complain to legal aid that you didn't refund their application fee when your application said you would?  Would legal aid refer the matter to fair housing?  Is it worth $40 to find out?