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All Forum Posts by: Wesley W.

Wesley W. has started 109 posts and replied 1820 times.

Post: Tenant smoking weed but can't prove it

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305

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 1,855
  • Votes 2,305
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 1,855
  • Votes 2,305
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. 

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

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305
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?

Post: What is your preferred way to collect rent?

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305

Each multifamily building I have has its own bank account. It's written into the lease that tenants must deposit their rents into that particular account (either by online bank transfer or by walking in a check/cash); I do not collect rents directly, nor would I if anyone asked. Systems don't work if there are any exceptions. Each tenant living in a building has their own unique rent amount, so even if they do not leave a notation with the rent payment, I know whom paid the rent based on the amount alone. I get an email alert each time a deposit is made.

I prefer not to use any third-party vendors (Zelle, etc.) because firstly, that creates another link in the chain that can break down between the tenant's deposit and my bank account. There is an occasional thread on BP where the vendor has a system crash or technical glitch and transfers are delayed. In a perfect situation, the payment will still be delayed (even if by hours) using this additional system.

And secondly, many of these vendors have "clawback" provisions where, in their terms of service, you give them permission to go back into your account - even weeks after the fact - and reverse a deposit that was made by your tenant.

My system is simple, allows for tenants to pay through multiple means, and does not cost me anything extra.

Post: Lease up prospective tenants whom have not given proper notice to current landlord

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305

Hey BPers!

Just curious where each of you stands on this one.  I realize this is a case-by-case basis.  Sometimes the tenants plan on paying a month's rent at two places to allow a less-hectic move.  However, this could also portend our own situation in a year's time if we take them.  Maybe they'd like to get a new place under contract before giving notice to their current lessor?  Each one has a specific reason, to be sure.  

I've got a prospect that is in just this situation.  Put down deposit, lease isn't signed.  Looking to move in a week's time.  Solid employment history.  I called the current landlord and he was completely surprised by the reference check.  He says they are solid tenants.

When would you, and when wouldn't you take someone like this?  Feel free to share your personal experience around these kinds of folks.

Thanks, and Merry Christmas!

Post: section 8 listing -why there is no interest?

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305

There is a web site that lists all the section 8 housing, so people might be also be looking there.  I think it's called "go section 8" or something similar.

Post: What does the new EPA initiative mean for landlords with lead water pipes?

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305

Code Enforcement in my market has just recently started, as part of their tenant turnover inspections, to document the material composing the water inlet pipes where they enter into the basement.  I think this is the first step so they can know who has the lead pipes before they pass a local ordinance to require the replacement at the property owner's expense.

It's a "first registration, then confiscation", of sorts.

Post: Acquired Tenants / Lease Re-Structure

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305

Absolutely - your question makes me nervous!  There have been sweeping changes in L/T laws in NYS in the last 5 years.  Please educate yourself, and not just from an internet forum.  The laws are changing all the time.  The big one to read up on is the NYS Housing Stability and Tenant Protection Act of 2019.  As per the HSTPA, any changes to a tenant's lease whom have been in place for over 2 years requires a minimum of 90 days notice, regardless of what the lease (or lack thereof) says.  There lots of pitfalls in there for housing providers.  Also, check to see if your jurisdiction is practicing "Just Cause Eviction", which went into effect statewide earlier this year for municipalities that which to opt in.  There was also a part of that law that enacts rent control anywhere in the state, which may affect your plans.

Make sure any changes you are proposing to the contract are compliant with the "new" New York State housing laws.  I would strongly recommend spending the money to meet with an attorney for an hour before you put anything in writing to your tenant.

Good Luck!

Post: Tenant threatened to move out

Wesley W.Posted
  • Rental Property Investor
  • The Vampire State
  • Posts 1,855
  • Votes 2,305

Never react to what your tenant says, only to what they do as it relates to the lease agreement in place.

@Nathan Gesner gives good advice.  Take control of the situation yourself, and if you want her out, then give proper legal notice.  Stop trying to descontruct whether or not she gave proper notice and whether you'll have a leg to stand on in court.  

Tenants will say all kinds of crazy things to you that they have no intention on actually following through on (often it's "I'm going to sue you!").  These "off the cuff" statements will mean nothing to a judge.  Follow the lease and local statute.  As Judge Judy says, "if it's not in writing then it didn't happen!"  ;)