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All Forum Posts by: Brian Pendergraft

Brian Pendergraft has started 1 posts and replied 67 times.

@Jackson I. The easiest option is for both parties to not show up and let the case get dismissed.

@Tracy Streich Here in Maryland landlords are not required to post notices for failure to pay rent in most Counties.  If the landlord accepts a partial payment before the hearing, the landlord should alert the court so that the payment can be credited towards the tenant, and reduce the redemption amount owed by the tenant.

There's nothing stopping you from requesting current proof of income.  However, she doesn't have to comply.  But even if you can ask for it, I don't think it's the best course of action to take.  I understand you're trying to see if she can afford to pay, work with her, and be nice.  But landlords lose when they take the nice approach. 

The best course of action at this point is to not even concern yourself with her income. That ship has sailed, she's already living on the property.  Take the real estate business approach. File for failure to pay rent when she's late.  This will either help her pay her rent on time or to find a place she can better afford.

Full Disclosure - I get paid to evict non-paying tenants so I'm as bias as it gets.

Post: LLC Establishment in MD - Taxes

Brian PendergraftPosted
  • Attorney
  • Clinton, MD
  • Posts 70
  • Votes 55

Looks to me like you "started a new business".  Congratulations!

You get paid based on how the contract you use say you get paid.  Assuming you're not using illegal/bad contracts, If your contract says you get paid on the spot then you get paid on the spot.  If your contract says you get paid at closing, then you get paid at closing.

Post: New member from Maryland

Brian PendergraftPosted
  • Attorney
  • Clinton, MD
  • Posts 70
  • Votes 55

Welcome to BP!  From your boy BP.  (See what I did there?).  Good luck on your journey!

Welcome aboard!  There are two wholesaler groups near you that you may be interested in.   Investor's Workshop and  Express Homebuyers Wholesaling Real Estate Meetup .  They both have good people and great content.

Post: Property Manager Maryland Questions

Brian PendergraftPosted
  • Attorney
  • Clinton, MD
  • Posts 70
  • Votes 55

I think using a property management company is a great way to avoid many of the pitfalls that first-time landlords fall into.  At the same time, I've been contacted by a few unhappy landlords that want to file a complaint against their property managers for doing an inadequate job.  If you do hire a property manager you have to stay on top of them.  If you decide to do it yourself, then you'll have to familiarize yourself with the strict rules that landlords must follow.  If you would like, I can send you a guide I wrote for landlords on how to avoid the legal pitfalls that cost them lots of money.

I've never drafted or reviewed a property management agreement where evictions are included in the monthly fee.  Generally, legal costs are passed onto the property owner.

Post: Newbie from PH county Maryland

Brian PendergraftPosted
  • Attorney
  • Clinton, MD
  • Posts 70
  • Votes 55

Welcome!  Way to hit the ground running!  If you run into any legal troubles on your journey let me know.

Post: Lease and Application Samples

Brian PendergraftPosted
  • Attorney
  • Clinton, MD
  • Posts 70
  • Votes 55

I too recommend using an attorney-drafted or reviewed lease.  Some of my best and worse experiences litigating landlord-tenant cases are due to DIY lease agreements.

I also wrote a guide for landlords on how to avoid the legal pitfalls that cost landlords thousands of dollars that I can send you if you are interested.

Good luck!