Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Noyessie Hubert

Noyessie Hubert has started 18 posts and replied 50 times.

Post: Tenant not paid rent, step for eviction

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26

Hi, thanks all for your advice.

I was feeling bad to directly go for an eviction without a notice, but based on your comment and the fact that is not a charity. I will file directly for eviction.

She is not paying the rent, so the state do not require me to give a notice. 

I’m currently contacting a lawyer and will update what I learned here. Thanks again.

Post: Tenant not paid rent, step for eviction

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26

Thanks, Nicholas, Will look for a lawyer. 

My question was should I give her a heads-up? Because if she pays all, I'm okay and don't need a lawyer.

Post: Tenant not paid rent, step for eviction

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26

Hi,

I accepted a tenant at the beginning of December. Here security deposit and most of the first month's rent are supposed to be paid by NJ Victims of Crimes.

Fast forward now:

- she did not pay her rent of January. Keep telling me a sob story about her paycheck getting sent to the previous address ( that was 18 days now, not corrected ).

- still did not receive the check from the NJ Victims of Crimes office.

At this point, I want to file for eviction at the end of the month if she delays the event by 1 day to pay her entire rent ( January and February).

My question to you professional is, should I inform her of that decision in advance? Something like: "Know that if you don't pay your full rent by the 01, I will file for eviction".

Or should I just wait and if she passes the 01th, file for eviction?

Lease: I used the lease provided by the Bigger Pockets podcast. 

Post: Am I understanding this rent control law correctly

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26

I just purchased my first property in Irvington, NJ, 07111 ( a nightmare :-) ). But now is mine. I was going through the rent control laws ( I know, should have done that before purchasing the property ), and a section stands out. https://ecode360.com/30526708#42037155

Based on what I can read, the rent control chapter doesn't apply to: Dwellings of three and four units, at least one of which is occupied by one or more of the owners thereof.


My understanding is that rent control doesn't apply to owner-occupied multi-units. Am I correct here, or does this exception mean something else entirely?

Thanks.

Post: Section 8 Tenant not paying rent after I purchased the property

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26
Quote from @Theresa Harris:

I agree with Nathan. If you can't get hold of the case worker, tell them you need to talk to someone as rent is 2 months late and you'll be starting the eviction process and neither HUD nor the tenant have paid you. The fact that the tenant hasn't paid you her part (nor paid the previous owner) is not good. I would also let the caseworker (or whoever you talk to) know that the tenant has not paid you their portion of the rent.

It looks like the tenant has no part. the HUD is paying all. She mentioned that her voucher was $200+ over the rent.

Post: Section 8 Tenant not paying rent after I purchased the property

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26

I bought a 4-unit property in August ( 2 months ago ), it was my first property, and I inherited a section 8 tenant. The previous owner did not give me documentation on the current tenants. Just the phone number and current rent amount.

I purchased the property on August 16 and introduced myself on September 20th. So she did not pay rent for September ( she was supposed to pay it to the previous owner and the owner was supposed to send it to me, but the previous owner received nothing and she agreed nothing was sent ).

Now she needs to send my information to her case worker to update the rent payment address and everything. However, the caseworker is not reachable for weeks now. There we are in October and still nothing. I don't know what to do there:

- What information should I ask a section 8 tenant?

- What should I do to get the rent paid, including past rent?

- Any other advice to manage section 8 tenants?

Thanks.

Post: Feeling guilty for asking a tenant to vacate.

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26
Quote from @Tim Miller:

I wouldn't feel guilty about this and I wouldn't be giving 6 months to get out. You did raise an issue that no one has brought up. You stated that you are under rent control, does that also mean you can't raise the rent on the next tenant to market rate? Only asking because some locals will not let you raise your rent on the next tenant to market. You'll want to check on this.

No, I can raise the rent for the next tenant. I already check on that with the county/town.

Post: Feeling guilty for asking a tenant to vacate.

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26
Quote from @V.G Jason:

I think she's capable of getting to $1500, and you can point her in the right direction how to apply for some aid. Tell her to get there, and keep it going.

If she cannot do it, then she can go. That's a fair compromise, and I've done this myself through my PMs as I never deal direct with tenant. 

People think kick em out, get $2k in and  make your $1k/mo a more. You got no idea what that next tenant brings. They've paid on time for 20 years, there's something I'll do for those folks. They don't give me no problems, I'll aim to be amicable.


 As I mentioned, I'm in a rent-controlled area. Was thinking of making here change unit, but not sure if that's enough to bypass the rent control rule.

Post: Feeling guilty for asking a tenant to vacate.

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26
Quote from @Rene Hosman:
Quote from @Noyessie Hubert:

Hi,

I just purchased a 4-family house. One tenant told me she wanted to stay even if I increased the rent. On which I said: "We can discuss it after we close". Now after closing I have 2 issues:

1. Is a rent control area. There is no way I can increase the rent by more than 4%

2. Even if I was able to, she is only comfortable paying $300 over the actual rent.

Just to let you know, here the actual rent is $1000 and the current market rent according to the inspection is $2000. My mortgage is $6000. So even if I feel charitable, each unit should bring it at least $1500 which she can not even meet.

Now, why do I feel guilty: The woman is an elderly woman ( more than 50. I did not ask her age ) with a disabled son ( he can not talk, and needs medical attention ). She always pays her rent and has live in the property for more than 20 years.


Don't know why the other landlord never raised her rent, but one guess is she has been using her situation to her advantage.

I'm in a tough situation. She is willing to leave, but I feel really bad asking her that. I plan to give her 6 months to find a place.


PS: This is my first rental.


 I think a lot of folks here responding are losing sight of the point of what you're saying which is that you plan to raise rent because you know you need to charge market rent AND also that you feel saddened by the fact that this is at the expense of a woman who is living there. And it's totally valid for you to feel that way!! 

It's human of you to feel guilty and I don't think you need to "just hire a property manager" like the other comments have said. If you want to hire a PM then by all means, hire a PM, but having some humility and realizing that you are in a position of power over this tenant does NOT mean you need to hire a PM immediately. You're a commercial landlord, being a landlord is a type of business, and sometimes business owners have to make decisions they don't like for the good of the business. 

This woman might not be able to afford your apartment currently, some people might consider your apartment a steal of a price, and others will stretch their budget to be able to afford it. That's just the fact of the matter, and I think you having humility and empathy will make you a good landlord because you are dealing with people's homes where they should feel safe and comfortable and you seem to understand that this is more than just a normal business.


 Thanks, 

That's so accurate. reading at all this advice. I have started to understand the business I'm playing in better. Thanks again.

Post: Feeling guilty for asking a tenant to vacate.

Noyessie Hubert
Posted
  • Posts 50
  • Votes 26
Quote from @Bill B.:

Charge $2,000/mo market rent to a new tenant then mail old tenant $500/mo forever. Since you say you’d be willing to take $1,500/mo from her. Pretty sure she’d take that deal. If you’re going to move in to her old place just send $500 from the other 3 tenants paying $2,000 or from your housing expense savings. 

Let me guess  you do feel “that guilty”  it’s easier to ignore $500 you didn’t get than $500 you have to spend  

According to you she has saved $6-$12k per year every year she’s been there. So she should be sitting on a big pile of cash. 


 Putting it like that makes the decision easier. Thanks