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All Forum Posts by: Mikaela C.

Mikaela C. has started 3 posts and replied 7 times.

I'm going to be selling a rental property, but I currently have a tenant. He signed a 6 month lease that ends Sept 30th of this year (2018). He hasn't been a total pain (he takes very good care of the property), however his original 1-year lease ended in January. He then did month-to-month from Feb-March. I'm not entirely sure he will stay til the end of this new 6-month lease.

I have only recently started talking to my real estate agent, and she has indicated that the best time to sell in my city's market may be sooner than the end of my tenant's lease. I'm not 100% decided on selling before he leaves, but I want to explore the option just so I understand it. The tenant's lease (standard lease for my property management company) does not include anything about early termination by owner or what happens if the property is up for sale (other than the tenant needs to be notified 24 hours before the house will be shown to prospective buyers). I don't want to assume either way what it means if there is no clause in the lease for this. My property manager is currently on vacation so I'm posting in this forum to see how others have dealt with this particular issue.

Thanks!

Post: Need help with landlord and illegal behavior

Mikaela C.Posted
  • Investor
  • Boise, ID
  • Posts 7
  • Votes 0

Oops, I realize now that my comment may make it seem like I'm talking about our new place. Our new landlords are amazing and we have a very detailed Statement of Conditions from them that we are signing and giving to them this weekend. I was actually referring to the property which this whole post is about. That landlord never gave us a Move In Inspection Form or any Statement of Conditions, and she constantly talked about the cleanliness of the place when she moved out. If neither we nor her have pictures proving that, does that go more in our favor, since she never stated the condition of the property to us except for in the lease as 'good condition'?

Post: Need help with landlord and illegal behavior

Mikaela C.Posted
  • Investor
  • Boise, ID
  • Posts 7
  • Votes 0

Also I should add...we never got a move in inspection form or a Statement of Conditions, and we have a limited amount of pictures from when we moved in. We are pretty sure our landlord has no pictures of the place when she moved out. Since ID is Landlord friendly I'm guessing we are in a tough position there?

Post: Need help with landlord and illegal behavior

Mikaela C.Posted
  • Investor
  • Boise, ID
  • Posts 7
  • Votes 0

Thanks Dave! Hopefully we can find her address. I agree that the toilet seat and air filter are normal wear and tear, but after the whole carpet debacle I just gaclve in on those and said fine to appease her. She has been extremely difficult for a long time now and it's not worth our time arguing about anything else. If she does not return the remaining deposit by the deadline though, we will indeed ask for the full amount.

Post: Need help with landlord and illegal behavior

Mikaela C.Posted
  • Investor
  • Boise, ID
  • Posts 7
  • Votes 0

I do understand your point on the carpet cleaning. I should have specified that we asked to have access to the property as in her letting the carpet cleaning company in (which she said she would do) and then us meeting up with her at the house where she could let us in and see how the job went. We had turned in our keys and we were not hoping to get those back to go back in. She had a lot of things she wasn't happy about that she said she would be happy to charge us for so we were trying to make sure that this wasn't something she could claim was done badly. 

Thanks for the input!

Post: Need help with landlord and illegal behavior

Mikaela C.Posted
  • Investor
  • Boise, ID
  • Posts 7
  • Votes 0

Apologies for the length of this post, summary will be at the bottom. 

My fiance and I recently moved out of a place that we only lived in for a year. Our landlord did not employ a property manager and so we paid her the rent (we were her first tenants). We live in a part of Boise, ID that has inflated rental and home prices, so we shelled out a decent amount for the place every month ($2,400 plus all of the utilities). The year there was awful. She stopped by numerous times (we don't actually know how many) when we were not home under the guise of picking things up from the basement that she left behind. Most of these times her 'notice' was a vague text about how she might be by during various days of the week but she didn't know which ones.  She was there for a repair once and snooped around the place, we got a critical email afterwards. She performed 3 'official' inspections separate from all those other visits when the lease indicated she would only be doing 1. My fiance is very non-confrontational so he wanted to let it go unless something worse happened.

One thing I'll note here is that my fiance and I are very good tenants and kept the place in very good condition. We lived in this house plus one other in the last 5 years here in Boise and treated both with a lot of care since neither were homes that we owned. I'm a rental homeowner myself and I know what it's like to have horrible tenants who don't give a crap that it's someone else's house. There are a lot of other things that happened but they don't necessarily pertain to anything illegal. A good summary of the other things is that she has shown clearly that she never understood her own lease or the law, we have had to correct her way too many times.

Now, for our move out inspection, which was on Fri, based on previous inspections, we knew that she would be very picky and treat us like we left the place a pig sty. We paid almost $300 to have the place (1685 sq ft) professionally cleaned. I audio recorded the inspection (ID is a one-party consent state) because she can be very passive aggressive at times so we wanted a record of anything she said. We were not prepared for what happened. She constantly said 'Well I can charge you for that' and accused us of purposefully not cleaning things. We brought up what 'normal wear and tear' means and that made her go nuts. Also, when she moved out of the place she left a TON of stuff behind throughout the house, of course we were accused of owning all of those things and not moving out completely. We had print outs of Idaho Tenant Law and our lease that we left behind for her to peruse. We stupidly left our keys behind at this time because we assumed things would be ok from there on out. Past experience told us that she would calm down once she realized we knew the lease and the law.

Cut to the weekend where she asks me if we had planned to do carpet cleaning (required in lease). I let her know that we had scheduled it for Tues morning (which was actually the last day our lease was in effect; utilities still in our name until the next day). I asked if we needed to be there to let the carpet cleaning company in and she said no, it was fine, she would do it. On Mon morning, I sent her an email letting her know what our summary of the move out inspection was, some of the things that were said and agreed upon, and reminded her of the carpet cleaning. I asked that we have access to the property Tues afternoon to survey the work for ourselves. Within a very short time, I get an email back saying that we are not allowed access to the property and that per our legally binding lease, because we didn't take care of things before the move out inspection, it is our fault and we will lose a portion of our security deposit. There is NOTHING in our lease that states this and nothing in Idaho Tenant Law that would help her in this situation. We let her know this and she got very angry, and actually attempted to call me very soon after we sent the email but must have cut it short because I didn't answer. Eventually she caved and we paid almost $200 for carpet cleaning to assure a good job was done. If a tenant of mine spent close to $500 to clean my property, I would be so grateful. With this woman and based on her attitude, you would think that we had left dirt all over the house and told her to f*** off.

After heated emails and the carpet cleaning, we finally came to an agreement about what would be taken out of the security deposit. The problem is, we haven't received the leftover deposit yet (toilet seat + air filter for fridge costs should have been taken out), and she has a very short time from today in which to get it to us. She never gave us her address. If we have to demand the deposit, as the law says we should do, it says to do it by certified mail. Does email work for that though, since it's at least documentation? If we have to take her to small claims court, do we have a solid case? Any help would be appreciated if anyone has insight. This woman is a nightmare and we are glad to be rid of her, and living in a cheaper (and nicer!) house now. We are hoping to not have this disaster go on any longer.

Summary TL;DR: Our landlord has done seemingly illegal things throughout the lease term, leading to eventually refusing us access to the property while our lease was still in effect and we were paying the utilities. Security deposit still not returned and we have no way of contacting her other than by phone or email.

Post: Tax basis for inherited property that's a rental

Mikaela C.Posted
  • Investor
  • Boise, ID
  • Posts 7
  • Votes 0

My father passed away in 2008, and his will set up a testamentary trust that included the house I grew up in, in WA state. The trust stated that I would not inherit the home until July 2015 (when I turned 25). The home has been a rental property since 2011, and is still a rental property today. 

I'm trying to determine depreciation for this property for tax year 2016. I'm not sure if I am to use the FMV from the year my father died (2008), or the year the deed was officially signed over to me (2015).

Any help is greatly appreciated!