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: Michael Gefvert

Michael Gefvert has started 0 posts and replied 55 times.

Post: Renting to a Canadian?

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47

Make sure they don't pay their rent in loonies and twonies.

Post: Tenant want security deposit

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47
Originally posted by @Ryan Keenan:
Hello bp, My tenant is court ordered to be out the 30th of this month. She doesn't owe many any money however my lease says I can take lawyer fees from her security deposit. Her DCF worker calles me today and is putting pressure on me to give the security deposit sooner then the 30day window im allowed.. The dcf worker is telling me she needs it for her new place and a basic sob story. Any advice on what I should do? My lawyer says I have 30 days.. am I asking for more trouble by taking out lawyer fees? Thank you Ryan

 What did your lawyer say when you asked him or her this question?  The answer to this question varies by state and you already have someone at your disposal who will readily know the answer to your question.

You have already made a misstep.  The tenant's agent works for the tenant, not you.  They have no reason to be fair to you in the agreement. Now you are fighting an uphill battle against someone who is savvier than you. I would hire a real estate attorney to draft a lease and use that.

Post: Landlord Tenant Attorney in Raleigh NC

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47

If you don't have any luck here, DM me and I'll probably be able to get you a couple names from my alumni network.

In my jurisdiction it is common practice for the eviction complaint to list all known adults living in the rental by name and then "All Other Occupants" to get good service of process on anyone else who may be living there.  I've never seen it challenged, so I'm not sure if our courts would accept it.  Things may be entirely different in Texas.  The penalties for self-help evictions are pretty steep.

I suggest spending a few hundred bucks on a real estate attorney who can navigate this process for you so you can get these "tenants" out, carefully select a new one and move on with your life.

To directly answer your question, the cops will probably tell you this is a civil matter and to take it up with the court.

Post: Signed Lease-No Money Paid-Changed Mind-Lability?

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47

Whether you could win in court is a legal question that only a Massachusetts licensed attorney can answer.  You can contact your local bar association for a list of attorneys who could answer your question.

Post: Verifying Owner's # of Rental Units

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47

You could check your county auditor's website for a property search function.  You'd need to check both the owner's name and any corporate names he or she may use.  

Post: Inherited tenants and new leases.

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47

If you are keen on getting into the properties to rehab, you could try to offer some money for a mutual release, otherwise you need to honor the lease as written.

DM me if you'd like to discuss options.  Congrats on the purchase!

Post: Need Advice: Letting a tenant install a new toilet?

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47

Sounds like a pretty sweet deal.  How about going through with all of it except you get to pick the licensed plumber, that way you know it was done right and you have some recourse if it isn't.

Post: Who's Name On the lease as the company?

Michael GefvertPosted
  • Attorney
  • Columbus, OH
  • Posts 55
  • Votes 47

Hi Maurice,

I'd need more information to give you an informed opinion. Do you see a benefit in using the advertising company vs using the property LLC itself? DM me if you'd like to discuss.