All Forum Posts by: Michael Robbins

I am not taking any action at this time.  It is uncertain what is going to happen.  

In my opinion, the only way to win in real estate is to place yourself in a position to buy when the market is down and be able to weather the storm. The only way to do this is to keep large reserves and have little leverage. Some say this takes a long time but I think it takes longer to lose everything (due to high leverage) and start over again.  

In the short-term I would certainly change locks if requested by tenant.  But you will also, probably, be required to provide duplicate key to the other roommate (since he/she is on the lease).  

I would certainly let either one or both out of the lease.  You might even offer that allowing one person off the lease in writing.  I have had similar situations her in Las Vegas where one leaseholder has a protective order against another. 

At the very least the PM should have provided an alternative landscaper.  It does not cost anything to get a second estimate/opinion.  And there is no excuse for the vendor being rude.  I can imagine if the vendor is rude to you (the customer) then imagine how they are with tenants.

Did she provide a written notice to vacate?  If so, then I believe you are in a strong negotiating position because you can state that you already placed the home on the market at the $1100 rate.  You may not be able to require her (or not want to in order to be reasonable during this difficult time) to move due to covid but maybe keep her on month to month.  

I would suggest reviewing HUD guidelines. If I remember correctly it is two people per bedroom plus one. But remember these are only guidelines and there is the potential to be accused of violating FHL. Check your State laws as well.

Has the Governor banned evictions in your State?  If so, I would imagine that a Notice to Quit is not an option at this time.  At the very least I would consider sending the tenants a balance due letter stating the amount past due (I would not include any late fees).  You might even consider including your Governors order regarding rent and highlighting where it says "this is not rent forgiveness."  I am of course assuming your Governor has stated this as mine has in NV.  So when it does come time to send a notice to quit the tenants cannot claim to a judge that they misunderstood how this corona virus rent order was to be implemented. 

I would have one lease with all the leaseholders (tenants) listed.  They must all sign.  The lease contract must include the provision that the tenants are Jointly and severally liable.  Also, I would suggest you qualify all tenants.  Keep in mind i am not an attorney but this is my experience with lease contracts as it relates to property management. 

When deciding on using financing or cash I would think about what happens if you have a high vacancy?  Would you rather be paying the mortgage and interest at this time?  If you can afford it, I would go cash.  As for the deal, I would take into consideration the age of the property and what you think maintenance will be like over the next few years.

I agree, there is nothing to be done.  There is fair housing involved here and familial status protections.  The only way the downstairs tenant can prevent a noise disturbance from upstairs is to find another unit on the second floor or move to somewhere with nobody above.  

Were they both on the lease?  If so, and if it is not going to cost you, why argue and spend anymore time on it?  I would send a new check with both names on it (if they are both on the lease).