All Forum Posts by: Nick Sabat

@Nathan Gesner I agree with you wholeheartedly - I would also question Real Estate Disclosure Laws - what should have been disclosed?

I can not understand, as I read, that no attorney would touch this - seems to me that there is a whole lot of money to be made here.

I mean this is just my opinion - that someone somewhere knew about those two old folk and their current position. The question is - who knew or should have known? Who should of been informed?

Those are my questions I would be asking! Based upon the Reasonable Man Theory - what a reasonable man would do under the circumstances?

My employee just showed up and I started talking about this thread - then I remember an old dear friend of mine, who was in a similar situation here.

Ron - used to build custom bikes, he was one of the first in this country to do so. People from all over the world would come and get a bike from him. He owned an apartment house and in the basement was his shop. As he aged, he became unable to deal with his businesses. Building bikes and renting out apartments. I believe six in all.

So his brother stepped in and forced Ron to sell. Somehow, they got caught up in a mortgage scam - via a guy named Leon. Factored in as part of the sale price was a life estate for Ron - no one expected this man to live much longer.

He's still with us, but he is not in that apartment house no more. They managed to evict him, somehow. He is one of the sweetest and polite guys you could ever meet. While not fully there mentally anymore - he is still savvy.  The way they evicted him was I believe is due to the scam he was caught up in with the mortgage. Once auctioned, I believe the life estate ended. So there went Ron.

But, his story is still cool - this is one man I can tell you can make garbage smell clean. He rents about a third of this building in an industrial area for $250/month. I can not get a clean picture of the building itself but I can show a picture of the floor plan.

I tell this story for a couple reasons, one, there is hope of getting these tenants out and don't feel sorry for them - they probably know more than you ever could. Now again, note this man rents this entire floor out for $250/month. Go figure! 

There are a lot of things that were not said here - how long were these tenants in there? At any point were they granted a life estate? Was the auction a Bank/Sheriff's Auction? Who got the Auction proceeds? How much money did this couple put down? Who and how much were they paying?

Again, just too much more to ask! Being that it is a two family you at least have the one half to rent out while dealing with the elderly couple. Next, did anyone say you could not charge them rent? I think it may be best, to offer them a lease via registered mail with option to stay and pay or get out. After they refuse, which they probably will, however many days your state law requires prior to eviction you have to give them a Notice to Vacate.

Once that time expires, you can go to court and evict. These two seem to be playing the I'm old and disabled so I do not have to - routine. Not saying that a squire/magistrate will allow you to evict them, but this is probably your best route. When and if you send a Notice To Vacate - it will probably have to be sent registered mail also. My guess is, they will refuse to take either document from the mailman.

On the Notice to Vacate - sent via mail - make copies - place them on both doors where they can be easily found. Take pictures of them, one up close and one from further back so you can clearly see that it was posted on the dwelling.

Now, if you noticed, they have a lawsuit pending with the bank - I would certainly talk to an attorney, to see where you can be added as a party to that lawsuit, to recover damages yourself to compensate you for the elderly couples stay in your property and now your own legal problems, with it. In other words, you have a vested interest in the outcome of that lawsuit - you may be able to recover the arrears.

Now about your other stuff - do not be willing to let anyone stay for free - they will take advantage of that and it may kick in a life-estate! Again, do not let anyone stay for free!

Yes you are in a landlord tenant agreement by proxy.

If you do seek homeowners you need to tell them of your situation and find out from them what they want done or what they will cover in this case.

The best course of action in my opinion was outlined for you above.

So here it is - this is not legal advice. This is merely stated here to give ideas through suggestion. Nothing here is considered fact, nor correct. You may take these ideas and use them at your own risk. Nothing is offered to cause harm to anyone, but may be useful in your situation. Good Luck!

Right off the bat, the answer was given, yes the landlord can do this. @Lynn McGeein I hope I did not say you were wrong or could not tell this poster to seek further information from a local tenant advisory board or whatever. I personally do not think you gave legal advice. But to make sure the poster understood, it would not be a good idea to go legal on this landlord, I had to point out what further problems that could arise out of taking this matter beyond working things out with that landlord as opposed to going to a court of law.

@Emmanuella Broadhurst again sorry to hear of your difficulties. By now you should have gotten the idea that the landlord is well within her rights. That many here sympathize with your situation. As i stated before, you have joined a Real Estate Investment/Ownership Community. Many of us are Real Estate Investors. Owners, Builders, Developers, etc. and are Landlords. We. (I hope I could say this), are all not immediately on the landlord's side.

I think it a shame the landlord took such a firm stance. Had the landlord did what she should of done years ago, you would not be here today worrying about this. But you are here now and it all may seem bad to you - but take something good from this. As I previously stated, look for a place you can afford to purchase, one that is a duplex - one side for your family and one for your parents. It is in my honest opinion your best route of action.

Emmanulla good luck and hope things turn out well for you and yours.

I hear ya there @Russell Brazil - I think what I am really saying is that this contention of what is giving legal advice or is not - took the whole conversation off base. That it is improper board etiquette to start "off topic" replies - if you want to state that I am given legal advice or you feel what I said is giving legal advice and you are against this - go to the off topic thread, start a new one - message me, with the link included in it and your feelings about it and I will go read it and reply if I feel it necessary to do so.

It just interrupts the whole idea of this thread - Can the landlord do what the landlord did? And what would be the proper or best route to go if the landlord is or isn't right or wrong. Right off the bat a couple replies here, stated, Yes without question the landlord was correct. Going further with it in any sense was ludicrous.

Later, another person replied and so compassionately stated, that this must be hard on everyone involved and it may be my fault and I apologize if it is, that the thread took a bad turn. I was merely trying to point out, that the best course of action was to pay or go. There would be no need to take this matter further legally and if so, could cause more undue harm than intended. Including immediate eviction upon all who lived there.

And I do believe wholeheartedly, that before the landlord did what she did, she consulted her attorney or read up on her state law regarding rental increases and the amount thresholds thereof and additional pet security deposits. And when she acted, she acted within the colors of her state law.

I guess I mean by bias attacks, that this is an attorney - apparently, a civil litigant, who has an interest in protecting his field of employment and possibly a tenant advocate. That he may disagree with me on the subject matter, but don't come in here telling me, I can not legally do this or legally say that.

Again, Russell my apologies for this thread going south, no pun intended. But it did. And my fear is, that people reading this, will shy away from speaking their opinions and expressing their beliefs, cause some attorney hotshot, feels that he is the only one allowed to say what is or isn't so in what he believes is a legal opinion or expression.

The law is something we deal with everyday - it is the law. We are allowed to discuss the law, we are permitted to have our opinions on the law - for instance, Obamacare or abortion. Or more recently, the legalization of marijuana - we can state our opinions and suggest to people what we feel may or may not be appropriate. It is our opinion. And again, hopefully this thread does not scare people away from expressing freely their beliefs, here or elsewhere.

Thank You @Ralph R. you said this so eloquently and in such a most considerate manner. This is basically my feeling too. I noticed you said you did not want to get caught up in the discussion going on in this thread - I feel you 100%

I noticed at the end, you gave your disclaimer and it is a shame, that this thread reduced itself to what is and isn't legal to say. @Wes Brand @Matthew Kreitzer may not think your opinion matters but I do. I feel you have a right to express what you feel cause this person asked for your opinion. And again, my apologies for the way you feel about what is going on in this thread, which should not be going on.

@Matthew Kreitzer - again Matthew, people are having a general discussion here. No where, not one place, have I said directly that "You should put clauses in your lease!" Nor did I state directly that this poster "Not contact and attorney" - what was basically said was, to tell this poster to go seek legal counsel and take this to a higher level legally may cause this person more legal grief.

As just pointed out by @John Thedford Florida law provides a clear description in this case. And what the landlords rights as well as the tenants rights are. And what the repercussions on in certain areas. Just a discussion.

Now, as far as LLC's and Partnerships or even S corporations are concerned, I really don't think I told anyone to do that - at least not here anyhow. As far as formation of a company or partnership, I wouldn't personally choose any of them - I would go a completely different route - even you do not know about. :D

If fact your expansion of the LLC and insurance thing only serves to cloud your position and what you claim I am doing here. Again, nothing here was offered as or given as legal advice. It is a general conversation. One people in the United States are permitted to have.

Next, there is certainly nothing I have said here, where I can get sued over. I am allowed to express what I feel is go n on in this situation. In fact, I went further than most anyone else and stated, that if this woman were concerned about paying "3 rents" as she said, would it not be better if she had found a Real Estate Deal, that would be conducive to her situation? Rather than rent, own and not be a tenant anymore, subject to landlord humiliations, (if any).

And that Matthew is the whole basis of this website - to help people get out of what they feel is a "Bad Situation" they live in and improve their lives or to bring others who are living the Real Estate Ownership/Investment Dream together to expand upon their knowledge and experience.

In real life Matthew, not in a court room, we deal with best situations. What is best for us to do? And in this situation, as clearly stated by numbers of members here - the landlord is well within her rights, she has a month to month lease, she was given a 30 day notice to increase rent, she wants an additional pet security deposit" etc. Assumption - something concerned that landlord so much that caused her to act like this.

Best thing to do for tenant - pay up or get out. Pretty simple you ask me. Or alternatively, work something out with the landlord, say correct what is wrong, if possible, to keep the rent from being increased so drastically and then stay til a better place is found. Just mere discussions and suggestions. Nothing direct. This person is clearly an adult and can formulate for herself what is and is not the course to take.

Here, to hopefully bring this to a close - I been sued and have sued. It's all a part of business - I have a fool for an attorney - me. I even been sued by Donald Trump, scary! Sorry Matthew, I do believe I been doing this for quite some time and know what I can and can not do.

Well @Matthew Kreitzer here's my challenge to you - point out everything in quotes u feel is "legal advice" that I have given this poster.

Now, suggesting that any landlord, learn their lesson from this - once someone moves in that is not on the lease, raise the rents immediately do not wait (is merely a warning - have clauses in the lease that deal with dogs and additional tenants, is only a suggestion. In fact, most standard leases, bought at any paper supply house - including online forms - should already have them in them.

Again, I like to know specifically where I gave legal advice. And as such, would seem to me that a lot of the posts here, would be under the same scrutiny. Such as discussions on Joint Ventures or Limited Liability Companies - all or most posts are of a general nature and are not intended to give advice.

I do not know how long you have been online - but most boards and elsewhere - will immediately tell you if you are in violation of any laws, ethics, patent or trademark rights or otherwise!

So you are in Virginia - I'm in PA contact the Local Ethics Board here in Pittsburgh, point them my way and let's see if I am in violation. Now, I do not think that the board is a place to iron out differences - it is a place to discuss issues - air opinions and make suggestions. We have pvt. messages to bring up any heartfelt issues or attacks.

I see u r an attorney - so your opinion is biased to say the least - your statement is bland and without merit and has no substance. My suggestion is you go back to school and learn the law. This is not communist Russia or any other communist country or board, that people's opinion's are hushed, by way of fallacious and empty statements, such as yours.

This is America and we have the freedom of speech. We have the right to air our opinions, without biased attacks - such as the poster here. She wanted an opinion, not legal advice. She was seeking some assistance and ideas and in my last post, suggested that she took the first step and joined this site, now take the next and learn something from it.

Legal advice no, just a mere suggestion as much of my discussion here! And trust me there Matthew - I know how to draw the line between the two - advice and suggestion.

@Wes Brand @Matthew Kreitzer @Emmanuella Broadhurst - First Wes - I don't think anything I said is totally against the law - I did not give any legal advice and not everywhere is there limits on rent increases - In most areas, I know of there are none. To Matthew, no one has to be a licensed attorney to give suggestions of law. Or to discuss a sort of legal question, as we are here. 

As Emmanuella feels no one here answered her legal question "Can she do this?" And the answers to it were, go seek further legal counsel and that was the best answer anyone could give her. And my responses none of them were of a legal magnitude - towards her question.

My suggestions to landlords and they are suggestions and others have joined in here now - that you have an additional persons or an additional pets clause in your lease.  If you are on a month to month basis with a tenant and no lease, then they should be required to sign @ least a renters agreement of some sort, spelling out their responsibilities and limitations and any and all other addendums that may apply such as additional persons or pets.

One of mine is "no waterbeds" especially in older houses. There is no guarantee that the floor will hold the weight of the bed and if that thing for some reason bursts could cause a fire.

Now back to Emmanuella - there are many things you are not saying, once again. Like the size of the home or apartment. What sort of damage there is as far as pets are concerned - a lot of dander around, etc. "facts - landlord talked to you, landlord wants an addtional pet deposit, she is raising parnets rent and wants an additonal $300 from you - you were there 3 years with husband, kids and dog" and from what I can see in your area there are no caps on rent increases - "Florida and her cities have no rent control ordinances", Stephen K. Hachey, P.A. - so assuming this certified attorney in FL is correct, "Yes, your landlord can do this!"

We all have our problems - I have two kids that are ADHD, certified and see psychiatrists often - the one was so severe that it almost incapacitated me totally. Doesn't have anything to do, with where or how I choose to live. What does have a baring on where I live is the amount of people and animals in one house. And whether or not that house is accommodating to my situation. Next, you do not say who pays the utilities there, the landlord or your parents or you for all that matter.

You have a lot of options - move with your parents, husband, kids and animals in tow. Or stay put and try to work things out with the current landlord. Again, coming at you in the manner she has, there is no doubt some sort of problem. But, you are not saying what it is. And your question was answered right off the bat - no lease, yes the landlord can do it - I think you got that answer twice as soon as you posted here.

Next, no rent control's in FL or it's cities. And as far as you moving and paying 3 rents, I only see two - "parents" and "yours" and one might suggest, that you find a larger place and take your whole family with you. But, before you go - make sure the new landlord is Okay with your entire situation, (kids, dogs, parents, husband, etc.) Cause I am not the only one that feels there is some sort of problem that your current landlord is not happy with.

Disclaimer: Nothing here is intended to be legal advice. It is offered solely as a discussion and some suggestions. Any assumptions made are not personal but are on a general scale or what it seems like and personal opinions are not personal attacks. Again, in reading. Florida Law does not prohibit large increases in rent and has no rent controls.

Now, on a more personal note - from what you are saying you need to go before the first or pay higher rents - since you have taken the steps to join here, I suggest you read and read some more, before you go looking for another place. It may help you turn your situation around. That is, instead of finding a Single Family Home, find a duplex or something to house your parents in one side and your family in the other - instead of renting purchase it. It will be yours, no more landlords! Etc., Etc.

If however, you end up staying past the first, so be it. You pay a little more for a moment, til you find the Real Estate Situation you want. If as @Justin Fox has suggested, you responsibly saved your money, you will have no problem doing any of this. I am really, really sorry to hear of your dilemma and do not mean to seem callous, I am not. Sometimes you need to hear things you just don't wanna hear but need too. Again, nothing here is offered as legal advice - you either take the idea as suggested and run with it or not!

@Lynn McGeein here's another example - a woman moves in, with her grandchildren, the mothers soon come.

They (the daughters) cause a lot of trouble with the neighbors. The landlord evicts only them. They return (sneak back in) to the property and the mother says nothing. The police show up and arrest the daughters for trespassing. The landlord called them (the police).

The girls are fined. They sneak back in. The landlord evicts the whole lot of them. Do you blame the landlord?