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All Forum Posts by: Nicholas W.

Nicholas W. has started 8 posts and replied 206 times.

Post: Finally out of the rat race - quit my job

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364

Congratulations Marcus. I hope to connect with you and potentially work with you as I begin my search for my first rental property.

Post: Milwaukee Meetup is BACK!!!

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364

I hope to be able to make it!

Post: Finally took the first steps

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364

Congratulations! I also just took the first step, in my case that happened to be a cash out refi on my primary but you're right it does feel good to be taking action finally instead of just learning.

Post: S Corp or LLC ?

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364

If the immediate purpose is to separate funds you can set up a business account at any bank. You could even set up a DBA (Doing Business As) so that you can work under a fictitious name. It would seem an unnecessary expense to create an LLC just to separate funds.
Also before speaking with an attorney I would check with a CPA. The difference between an LLC and an S corp is more related to taxes than it is to legalities.

Post: Ran out of money... Tampa, Fl. (Riverview)

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364

I'm not saying it's the best decision but considering the cost of well drilling and septic systems many of the installation contractors offer third party financing. You could call around and ask if any of them offer that.
Honestly $8200 and $6000 for a septic and a well isn't all that bad. My septic system install alone was $14k. Here in Wisconsin it it standard to do a "well water and septic" test during any real estate transaction. Obviously hind sight is 20/20 but something to keep in mind for next time.
Good luck with it all.

Post: Deposit to Hold (Earnest Money)

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364
Originally posted by @Gregg Willich:

@Nicholas W., you are correct. You have to be careful when it comes to earnest money deposits in Wisconsin, regardless of what term you use for it. 

Definition of earnest money deposit (s. ATCP 134.02(3), Wis. Admin. Code):

Not only are there restrictions regarding what the deposit can be used for and when the money has to be returned, but there are also things you have to do before accepting such a deposit. Some of those requirements include identifying the unit or units for which the applicant is being considered and furnishing the prospective tenant with a copy of the rental agreement (including all the addenda) and the rules and regulations.

While you might think that a prospective tenant would not take you to court over $100, you should know that he or she would be able to get twice the amount of the loss sustained as a result of a ch. ATCP 134 loss, plus you would be on the hook to pay the prospective tenant's costs, including reasonable attorney fees. You can find ATCP 134 here: https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/134

I hope this helps.

Atty Gregg Willich, Willich Law Office, LLC
Author of free Wisconsin rental forms at rezental.com.

This is provided as general information only, and should not be construed as legal advice. Please contact an attorney for your specific legal needs. 

 Gregg, That is very helpful, all that being said do you recommend taking a EM deposit or to just avoid it given all strict guidelines involved? I guess it would depend on the market and the demand for the specific unit but what do you generally recommend?

Post: Deposit to Hold (Earnest Money)

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364
Originally posted by @Corina Eufinger:

If it went to court maybe, but 100 is a nice amount where people won't go to court to get it back yet enough incentive to keep from..screwing me over.

My leases are not a 15 minute thing. They take 1 to 1.5 hours to sign and about half hour to prepare. I get generic Wisconsin leases from an attorney but I have multiple addendums and I always read the lease in person to the new tenant. Depending on the amenities and property i have between 5 and 10 addendums for signature and about 4 other FYI documents.

 That makes sense and I understand not wanting to go through all of that trouble without some skin in the game so to speak.

Post: Deposit to Hold (Earnest Money)

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364
Originally posted by @Scott Schultz:

we take the first month and sec. dep at lease signing, unless special circumstances exist, I think Brandon may be referring to Ernest money that would be applied to first month, and that would have little regulation, unless you are licensed, and use state forms that direct where the money goes, and how it would be distributed. 

 Well he said he specifically applies it towards the security deposit, but what line item on the move in funds it goes to I guess is irrelevant.

Where I'm getting my info on the earnest money deposit is most specifically from the following blog post: http://petriestocking.com/blog/landlord-tenant/ear...

And more specifically page 6 of the landlord tenant guide: http://datcp.wi.gov/uploads/Consumer/pdf/LT-LandlordTenant2014Guide497.pdf

Post: Deposit to Hold (Earnest Money)

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364
Originally posted by @Corina Eufinger:

We ask for a $100 holding deposit within 24 hours. We are careful to use the word holding deposit so it isn't confused with some sort of  earnest money. A signed lease within 2 weeks with the remaining security deposit due at that time. They are told the $100 is non refundable if they change their mind before the lease signing. If we cannot fulfill our end of the contract (which hasn't happened yet) we refund the 100 and any additional security deposit immediately.

 Thank you for the input. In the event that it went to court wouldn't a "holding deposit" be considered an earnest money deposit, regardless of wording, in which case it couldn't be completely non refundable? I do like the fact that you only take $100 though as it wouldn't be hard to itemize that since on a $600 rental that is only 5 days worth of rent lost which should be relatively easy to prove in most instances.

Out of curiosity why not just have them sign a lease right away? Is it because scheduling the lease signing so quickly would be difficult or is there some other legal (or otherwise) reason not to sign until closer to a move in date?

Post: Deposit to Hold (Earnest Money)

Nicholas W.Posted
  • Investor
  • Germantown, WI
  • Posts 206
  • Votes 364

So I am reading The Book on Managing Rental Properties and Brandon recommends taking a deposit within 24 hours of accepting an applicant. I understand the concept I think it's a great idea. The trouble is in Wisconsin this earnest money deposit has very specific restrictions as to how quickly it has to be returned and what specifically it can be applied to. Unlike Brandon recommends (which probably works fine in his state) I can't just take the full deposit without first trying to fill the unit to mitigate losses and itemizing what the deposit was used for (additional advertising, number of days rent missed, etc.) For this reason it seems that taking an earnest money deposit is more trouble and risk than it is worth in Wisconsin.

One question I have is when bother with this at all? Is there some reason not to just schedule the lease signing as soon as possible, even if the move in date isn't for a week or two? What am I missing?