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All Forum Posts by: Daria B.

Daria B. has started 148 posts and replied 1901 times.

Post: Replacing a microwave….

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420
Quote from @Nathan Gesner:

Here's what my lease says:

"Landlord is not obligated to make repairs if the Tenant is delinquent in rent unless there is a danger to the Premises or the health and safety of others."

It may not stand up in court, but I've only used it a few times and Tenant's have never challenged it. If they want to end up in court for the repair, I could simply make the repair before we show up to court, then counter-sue for the unpaid rent. 

Your laws are different, and what you're willing to try can vary dramatically. Based on what I know, I would tell the Tenant that I won't perform any unnecessary repairs until they pay for the plumbing bill. I would also put them on notice that I won't be renewing their lease, so they may want to start looking for a new place to live now while they've got some flexibility.


The lease is not being renewed and they have already been notified.


I think my biggest issue is the non payment of the plumbing bill, unpaid rent though it was paid by the state and the overall disregard for those things but yet I am supposed to just get this microwave fixed.

Post: Replacing a microwave….

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420

If a tenant has 2 months remaining on a lease, who has not paid rent since 9/2021 and has no plans on paying  (and is working) but has had state funds from COVID who finally paid the late rent, complain about a non working microwave, what would you do?

Tenant also owes for jamming up the plumbing and hasn’t paid that bill either.

Yes, the microwave was part of the rental ad and I feel compelled to get it replaced but it’s not an essential part of the house and I wanted to wait for this tenant to be gone.

The PM had the handyman over twice to no avail no solution other than dropping $$ to have another one installed. The unit was broken by a former tenant and the handyman tried some glue that didn’t work on the frame.

Would you just drop more money now and get it replaced? 

I should add this is not a countertop microwave it’s one that requires wiring into existing electrical and mounted under a cabinet over the stove. What if I provide an inexpensive countertop - it’s still something?

There’s no telling if this tenant will cause damages. There was no red flag when the application was submitted and credit and all other checks were done. COVID has made what would be good tenants turn bad.

UPDATE: The more I think on this the more I lean towards just replacing it. I was grappling with the feeling of being at the insistent of the tenant who isn’t paying. There’s more to the unpaid rent/state story and past communication on that but it’s not necessary to air here. 

Post: Collecting after a money judgement

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420
Quote from @Nathan Gesner:
Quote from @Anjali L.:

Anyone had any luck collecting after a money judgment case? A few collections attorneys I’ve spoken to said the chances of actually collecting are close to none. Wondering if it even makes sense to start the collections process after I’ve received a money judgment.

Location: Hudson county, NJ

Collection rates are low. You can do it yourself but it requires continually tracking them in hopes that you'll catch them some day through a garnishment. I wouldn't bother.

I turn mine over to a collection agency with the assumption I'll never get paid. I've tried four collection agencies and haven't had any luck. Three months ago I switched to Capital Accounts and I've already collected IN FULL from three tenants! I just spoke with another one yesterday that emailed me complaining that it's preventing him from buying a home, so I suspect that will be paid soon. A couple more have contacted me to ask about the charges and then they've gone silent, but at least I now they've been contacted. I've collected more in three months than I have in the previous 12 years with about 30 collection accounts!

 I have a former tenant that caused damages and have unpaid rent to about $8k. The PM sent this to collections and said some pay but most don’t. This one hasn’t paid anything. I looked into getting a lawyer but that cost is so much as well.

How were you able to get your money from the collection agency you used? Why did they do so different than other collection agencies?

Post: Tracking Note Income (capital gain from sale or income)

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420
Originally posted by @Chris Seveney:

@Daria B.

The way my cpa and book keeper do it The UPB is irrelevant.

I paid X ($60k) for an asset.

If it sold for $100k I made $40k profit. Whether upb was $200k or $400k is irrelevant.

If borrower made payments during that time the interest is taxed as income and principal pays for my investment

So say the $60k note borrower made 10 payments and it was $5k in principal and $5k in interest

My basis is now $55k and I sell for 100 I made $5k in interest plus 45k from sale so I made $50k

In my case example though the borrower paid off the note, it wasn't a sale. I mention UPB just for the sake of info.

In your example the principal is paying down the cost basis ($60k). I would need to look at the principal amounts of those payments to reduce the $60k, I get that.

So say, I pay $60k, borrower makes some regular payments (p/i) for 2yr (arbitrary number) then decided along the way to just pay off the note.

Borrower gets savvy and makes additional principal only payments. This should reduce my cost basis, yes, thereby paying back my initial purchase money through the extra principal payments. 

How do you track that? 

Post: Gainesville FL (alachua county imposing rental permits now)

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420

I got this from the commission meeting held in September. Much like what the city just did so too will the county.

At their September 28 Regular Meeting, the Alachua County Commission discussed their draft Residential Rental Permit ordinance, which has a proposed effective date of March 1, 2022. It is similar to Gainesville’s Renters’ Rights Ordinance and will apply in the unincorporated county, while the smaller municipalities will be able to opt in but will not be required to participate. The permit application for landlords would include a completed self-inspection checklist certifying that the unit complies with the standards in the ordinance (including energy efficiency standards for attic insulation and attic access and efficient shower heads, faucet aerators, and toilets), documentation of maintenance of the HVAC system, and payment of a fee, which will start at around $70 per year. Units will be inspected once every four years, and complaints will trigger inspections in between. The ordinance will require the County to hire four codes officers and a licensing clerk for a recurring cost of about $345,000 per year.

As part of adopting the ordinance, the commission will also adopt a new Tenants’ Bill of Rights, which landlords will be required to provide to tenants. Commissioner Anna Prizzia said she was interested in adding “some of our human rights… maybe adding them to this Bill of Rights that is given to folks so they know both pieces of it, both the maintenance pieces and just the human rights pieces.” The commissioners decided that they had time to work on that and set it aside.

Post: Multiunits 8-15 unit. What US region to look at ?

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420

Gainesville FL is over built with big money skyscrapers now. They continue to build and aren't filled. Far too many apartment complex builds. It's hard to see any balance of SFR to that of multi-units with all these high-rises popping up.

Post: Tracking Note Income (capital gain from sale or income)

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420
Originally posted by @Chris Seveney:

@Daria B.

Did this all make sense? I can send you a copy of a balance sheet for a closed out asset if you like

Not complete but I think enough that I understand initial capital "may" come back when a note is sold for profit. In the case of one that is paid off by the borrower, there isn't any initial capital considering the pay down / pay off but the principal that is included in the payments (P/I) is capital payback. I had always been accustomed to getting my initial capital back but then again we were always in the mode of selling after a period of time to another investor where there was still UPB.

In my example, purchase was $60k (not UPB), they paid down the UPB ($120k) doing extra payments including any arrears until paid off. Nothing to sell so the $60k invested?

For tracking purposes, I'm not really sure how to do a payoff because it appears that it's a loss with the way I am currently doing tracking, which is very, very, very simple. 

Post: Note Funds and SDIRAs

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420
Originally posted by @Andy Mirza:

I'm hoping that this gets dropped from the final version. I wonder what the purpose of this is? Is it a straight play to cut out the competition from private equity so everything goes to the huge investment firms that are left? Or is it an attempt to protect IRA owners from themselves by preventing them from taking larger "risks" on private equity? An attempt to raise more tax revenue?

Whatever the reason, this new provision stinks!

 I get that some investors need that protection. When I got into note investing it was education, education, education and not everyone follows that they just jump in without understanding. So I get the trying to protect those investors but one size does not fit all.


I read through a few articles on this proposed law since posting this and just don’t see this as a benefit for those of us who finally got into this space and have begun building up our portfolios.

Post: Note Funds and SDIRAs

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420
Originally posted by @Brian Eastman:

@Daria B.

#1 - Do not panic and alter existing investments.  There will be 2 years to make adjustments if this becomes law.

#2 - ACT NOW.  TODAY.  To stop this from becoming law.  

See the following article for resources to help inform legislators why these proposals need to be eliminated from the budget bill.


Self-Directed IRAs at Risk - Your Advocacy Is Needed

#1 - agreed but those who don’t invest in stock and have turned to RE now face an upset in their portfolio.

#2 - I hope every IRA investor reaches out and writes a letter to address this. likely not going to be thought out and still won't affect their target, which means those below or on the fringe will be cut out from investing.

Post: Note Funds and SDIRAs

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,942
  • Votes 420

Thoughts on this….

This article was sent to me from my CPA after I asked a question about my current note investing and investments I am seeking to get in on, which includes anything from individual purchases with a JV to accredited investing with a fund company.


https://www.cnbc.com/2021/09/1...

My SDIRA also sent me this email regarding the proposed tax law on using IRAs for these investments.

How does the proposed legislation affect me?

The proposed legislation would prohibit IRAs from holding privately-placed equity and debt securities and other investments that require the IRA owner to meet certain minimum financial, educational or licensing requirements. For example, the legislation would prohibit IRAs from holding unregistered investments that are offered to accredited investors, like equity or debt investments in small businesses or investments in private funds. You may very well hold investments in your IRA today that would be prohibited by the proposed legislation.

The bill would also prohibit IRA owners from investing in (1) non-publicly traded entities in which the IRA owner and related entities (including the IRA itself) own more than a 10% interest or (2) any entity in which the IRA owner is an officer or director, regardless of ownership percentage. By way of example, single-member limited liability companies or any investment in an entity in which an individual is a director or officer could no longer be held in an IRA.

IRAs holding any of the above investments would lose all of the tax advantages previously available to the IRA.