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All Forum Posts by: Wesley W.

Wesley W. has started 109 posts and replied 1827 times.

Post: tenant complaint about roach problem again after i raise rent on him

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310

What Nathan said.

You are following the red herring of the (real or imagined) roach problem, but the tenant just told you they cannot afford a $35/mo. rent increase in an under market rent apartment!

Take the hint, and do not renew.  While you are at it, put the next person on MTM to create some equity in the contract when you have problem in the future.

Post: Boiler unit on a 4-plex

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310

If you don't want to separately meter for gas (which would be expensive but you would recoup the cost many times on a long hold), you are going to constantly be feeding this alligator of tenants wasting your money with liberal use of heat.  Send as many letters as you want; many will not pay any attention to your pleas.

How about instituting a RUBS based on square footage?  @Nathan Gesner had a pretty robust post on how to do that some weeks back.

Another problem that is getting in your way is the use of term leases here in NY.  Put them all on MTM upon renewal and it releases you of some obligations.  You can search for my posts on the many benefits of that model.

Good luck!

Post: Emotional support animal (ESA) protection and disclosure information

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310

Everyone else nailed it, but I can't resist this parting shot:

What does she think the "A" in ESA stands for?

Post: Tenant with two pitbulls

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310
Quote from @Tanya Sanders-Olivo:
Quote from @Gail K.:

It's not the dogs; it's the owner.  With four malicious animal violation citations already they have shown they are untrustworthy pet owners.   One would think a tenant with an ounce of brains would change their habits with the first violation.

You need to get rid of this tenant.  NOW.  Who do think will be sued should the neighbors get tired of all of this?   The person they consider having the deep pockets.  That would be you.

Gail


 Just because it says malicious doesn't mean the animals were mean or bad. It means the breed is malicious according to the municipality. That being said, if I were the tenant, I'd say they were emotional support and then NOTHING can be done. Everyone is so against the bully breed when it is DEFINITELY the owner NOT the breed. 

 It's people like you who cause folks who would actually benefit from an ESA to be painted with the same broad scammer brush.  I'll thank you on their behalf.

Post: Tenant lied on rental application regarding criminal history

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310
Quote from @Byram Heights:
You shouldn't be in this business!

Quote from @Divya Sosa:

Hello,

I had a unit up for rental (a townhome) and received an application from Zillow which showed that she has no criminal history and credit score was good as well. I did all my other due diligence like asking for paystubs, W2s, Tax returns, Employment verification, bank statements etc etc and did not see any red flags overall. I did not do a separate criminal background check as I trusted the info from Zillow (Big lesson learned never to trust the Zillow data again in life). We signed the lease and the tenant moved in the unit in Nov. After they moved in, we started to get some mild complains from our neighbors (for the rented unit which was our primary residence until we moved out in another house a few miles away).

1. Within a couple of days, our neighbor said that they smelled weed from the backyard. (Ok I get it that its 2024 and people smoke weed). I gently asked the tenant if she smelled weed in the backyard and she claimed that she does not smoke anything so she does not know etc etc.

2. Some neighbors also told me that there seems to be more people living in the house (on the lease its supposed to be the lady and her two kids 4 YO and 8 or 9 YO). But the neighbors feel that there are two more adults for sure.

3. And some other small but strange things. No complaints from neighbors about any loud noise or erratic behavior or anything. But they all seem to feel that their overall behavior is just not the best. 

I felt like checking a little bit more so I ran a proper background check on her and was shocked to find that she has multiple felonies including jail time. Starting from 2016 she has several things like giving false information to law enforcement officers, Shop lifting, battery and more giving false identity to law enforcement officers and then the felony for identity theft. The felony was as recent as 2020 so I am not sure how Zillow report did not show that but anyway. 

My question is - Shall I simply not take a chance with her and inform her that I have found discrepancy on her application and her background and just ask her to evict? Ofcourse I am planning to consult a lawyer first. 

One of my friend happens to be a RE agent, landlord and a property manager himself and he seems to feel that as long as she pays rent on time and does not create nuisance, not to worry much and just keep do a quarterly property inspection. If anything is obvious like a solid proof of more people living in the house or signs of smoking in the house or if she misses even one rent payment then start the eviction process. I trust his advise but I feel that its not worth taking a chance and I should ask her to politely leave based on the fact that she has lied on her application. 

Suggestions?


Extremely helpful and constructive post.  Thanks for contributing to the BP community.

Post: Tenant lied on rental application regarding criminal history

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310

Not to kick you when you are down, but I think you know this one is on you.  It sounds like you know how to avoid this in the future, so what to do with the situation at hand?

I'm with everyone else.  Document lease breaches ASAP and move to terminate with your attorney in the loop.  Since they have proven they do not have any respect for you, they will not have any respect for your property, etiher.  Their behavior will not get better, the longer they stay the more damage they will do to your place and erode your rapport with your neighbors.

@Nathan Gesner gives a great road map for disentangling yourself from these cretins.

I would not wait.  I would rather have a vacant property all winter than what I see coming down the road, here.

Good luck!

Post: New rental - attracting a qualified tenant

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310

Here is my system that I have shared on the forums previously:

It all starts with online ads, within which are several pre-screening questions I request be answered in their response to my ad. Here they are:

1.) Your first and last name

2.) Your direct email address

3.) Your phone number
4.) Total number of people that would occupy the apartment
5.) Proposed animals (size/breeds)  <--- NOTE I DO NOT USE THE WORD, "PETS"
6.) Monthly pre-tax income for household (minimum $5000)
7.) Date you wish to move in

8.) Do you currently have enough funds to pay first month’s rent and a security deposit?

Next, here's a canned email response I use for everyone who answers my ad with the aforementioned questions answered. If they don't answer my questions, I know they have not read the ad and are just clicking and "tire kicking" or they lack the intellectual focus for me to have any business relationship with them.

I market on Craiglist, Zillow, FB and Apts.com and get great leads from each in my market. Problem with Zillow and FB is they have this annoying "1-click reply" where people can just click on your ad without reading it and you get an automated message "Joe is interested in your apartment at 123 Main St." To these responses I just cut/paste the ad narrative into an email reply. This is a waste of my time, but I am stuck with that if I want to market through them.

Here is the email response:

Thank you for your interest. We have a minimum income requirement to qualify for this unit (4 times monthly rent); based on your email, it appears you meet that qualification.

Whether or not your household currently has pets, I am going to share our pet policy. We allow cats and most dog breeds except for the following:

- any breeds/mixes known under common parlance as “Pit Bull”

- Rottweiler

- Doberman Pinscher

- German Shepherd

- Alaskan Malamute / Siberian Husky

- Chow Chow

- Presa Canario

- Cane Corso

- Mastiff

- Great Dane

- St. Bernard

- Akita

- Wolf hybrids

Unfortunately, these are prohibited for insurance reasons. Keeping pets requires a one-time nonrefundable pet fee of $200 (per pet) as well as an additional $20 monthly rent for each approved pet. We would need photos of each proposed animal, as well. As pet lovers ourselves, we typically like to meet your pets at some point in the process, too. We are fair housing compliant regarding animals.

Our tenants’ safety and the peaceful enjoyment of their home is important to us, so we do a credit/criminal background check on all applicants aged 18+, as well as employment and prior landlord verifications. Big concerns are bankruptcies/repossessions and crimes against people/property. We require a minimum credit score of 620 (averaged between occupants) to qualify. If your household income is more than 5 times monthly rent, a guarantor may be an option in lieu of a sufficient credit score. We can provide a complete list of our qualifying criteria upon request. If you don't foresee any major obstacles to qualification, I'd be happy to set up a viewing for you. Let me know what you think.

As a matter of information, smoking/vaping is prohibited inside our rental units. This includes marijuana.

If you decide that the apartment would meet your needs and wish to proceed with the application process, we would need copies of a month’s worth of your most recent pay stubs and photo ID for all applicants aged 18+ (I can scan at the viewing). The pay stubs can be hard copies or digital PDFs generated directly by your employer and sent via email; we cannot accept screen captures to verify income.

Once your completed application materials have been received and it appears that you would meet our qualifying criteria, we would send you a link to perform a credit/criminal background check (this minor expense would be yours), and if those results come back acceptable, we would offer to proceed. A “contract to hold” binder payment equal to a month’s rent would also be collected at that time.

This holds the unit for 5 to 7 days until the lease signing, and once the rental agreement is signed this binder payment becomes your security deposit. At the lease signing, you will need to put down another $1250 (not including pet fees), which will serve as your first month’s rent. So, the total base move-in costs would be $2500, all paid prior to lease signing.

Since choosing a place to live is a very personal decision, please feel free to do a “drive by” of the property, located at 123 Main St., so you can get a feel for the neighborhood. (I will ask that, out of respect for our current tenants’ security and privacy, to wait until your viewing appointment before walking the property.)

If everything above is agreeable to you, let me know your availability over the next few days and I'd be happy to take you through the apartment.

Thank you, and I look forward to meeting you at the viewing.

Note how I reiterate the qualifying criteria as well as itemizing what the move-in costs will be. I also suggest a drive-by so they are not unpleasantly surprised by the neighborhood when they to the showing, and just keep on driving by anonymously as I wait outside. This email gives people yet another opportunity to self-select out of the application process based on my expectations and criteria before an actual showing in scheduled.  I also am not using the word "deposit" anywhere, because a deposit, by definition, can be refunded.  A "non-refundable deposit" is legally confusing.

If they do request a showing, I send them this email:

Hi John,

Please read this entire email.

How about a viewing on X at X pm? If that works for you, please reply to this email within 24 hours to accept this appointment and I will add you to the viewing schedule.

Also, as a means of courtesy to both our busy schedules, please confirm via text or phone call at least 2 hours prior on the day of the viewing to my cell phone (number).

I’ve also attached our rental application. I will have hard copies at the viewing, but if you print and fill it out prior to the viewing, this would save some time should you want to expedite your application in the process. Please take note that we will not review any application with missing/incomplete information. I would also need the last month’s worth of pay stubs and photo ID of all applicants in order to proceed, as well. Lastly, please make sure all of the adult members of your household are able to attend your appointment. We do not approve applications from those that do not attend the viewing in person.

As a reminder, the address is 123 Main St.  I look forward to meeting you on X.

I do not use Zillow applications, as I do not think they are as thorough as I need them to be.  I use my own application, which has an imbedded authorization to release information for their employer and landlord.

If they have not confirmed an hour prior to their appointment, I send this text to their phone (which was required as part of their contact information I required in the response to my ad):

As I had requested in my email, you have not yet confirmed your apartment showing for this evening, scheduled for 7:00pm. If I don’t hear from you in the next 10 minutes, I will assume you aren’t attending and I will move on to my next appointment.

Using this system as dramatically reduced any wasted time I used to endure as part of the showing process as well as giving me data about their timeliness/responsiveness/respect for others' time.

I often schedule several viewings at a time, 15 minutes apart.  I book marginal candidates in between strong ones to create a scarcity mentality.  I will not book any viewings unless I have a strong candidate.  I leave the marginal ones waiting, letting them know I will reach out when I have a showing date/time.

At the showing, I collect their completed application (sent via PDF prior or filled out on premises), scan their photo ID and last 2 pay stubs.

Then, I do some digging around online (social media, court records, Google) and if it looks like they are representing themselves to me accurately, I contact them and send them a link to do the background checks (paid by them directly to the vendor).  I use tenantbackgroundsearch.com.  If that comes back acceptable, I set up a "contract to hold" meeting - usually the day after the email since qualified applicants need to be "closed" ASAP. (During this whole time I continue to market/show the unit. I continue to funnel people into my process until a lease is signed.) Note that I do not put a lot of time into due diligence until the "contract to hold" meeting, when they put some skin in the game.

At the "contract to hold" meeting, I collect an amount equal to one month's rent. I ONLY accept cash. We sign an agreement that commits their non-refundable payment for a brief period (usually 5 days), during which time I call landlords and employers, and dig online. If there is anything untoward, I have a right of rescission and I give the money back. I also ask the prospects to let their employers/landlord know I will be calling.  I have found that this reduces the time it takes to connect with them.

Once my due diligence is complete, we meet again for a lease signing, at which point I collect the rest of the move-in fees. I only give them a short time (usually 5 days total from the contract to hold) to meet for the lease signing before they lose their exclusive rights to the unit, so this prevents someone from dragging their feet after they've signed the contract to hold.

Once the lease is signed, I take down the ads and send out emails to people in mid-marketing flow letting them know that the apartment has been rented but I will reach out if something falls through.

Post: Tenant smoking weed but can't prove it

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310

There are tests you can buy on Amazon, where you can swipe it on the walls to determine residue.

Post: What is your preferred way to collect rent?

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310
Quote from @Alecia Loveless:

@Rene Hosman I prefer electronic payment.

I have not had an issue with the claw back scenario and if I did I would IMMEDIATELY begin the eviction process which I would then pursue relentlessly.

But alas, some tenants use this trick after they have vacated your property.  Pretty neat, eh?  Search the forums here for these kinds of stories from landlords.  Those that still reside are not expecting to stay anyways.  In both cases, you are left holding the proverbial bag.

Post: TREND - PM companies offering financial assistance for security deposit down payments

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,862
  • Votes 2,310
Quote from @Charles Perkins:
Quote from @Wesley W.:
Quote from @Charles Perkins:

Washington law gives tenants the option of paying the security deposit over several months depending on the lease term length.  If the tenant misses a payment the full amount becomes due.  This is an election, but I suspect here we may see this more often.


 Yikes.  Any landlord that offers this should have their head examined!  Are lessors forced to offer this option?

Yes it is new legislation that passed.

 And they wonder why there isn't enough housing in these blue states.  My condolences.