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
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
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: Daria B.

Daria B. has started 149 posts and replied 1905 times.

Post: PM refuses to log tenant reimbursement properly

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,946
  • Votes 429
Quote from @Maxy Million:
Quote from @Nathan Gesner:

Question: is the Property Manager charging you a management fee based on a percentage of rent income collected? If so, classifying the utility income as rent income would actually increase the manager's fee. If the Tenant pays $150 a month for utility but it's classfied as rent income, a 10% management fee would cost you $15 per month.

Whether it's costing you or not, it's important for proper accounting. I would demand they fix it immediately or consider firing them.

That's exactly what I was thinking. PM must be getting paid as percentage of Rental Income and their goal is to increase as much as they can. Even though it might be small as an individual, for PM, if you add 100 properties it could be significant. Act now, have them corrected or else FIRE


 No not taking any additional fees just not reporting it correctly and inflating my 1099 since it included the utility.

Post: PM refuses to log tenant reimbursement properly

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,946
  • Votes 429
Quote from @Nathan Gesner:

Question: is the Property Manager charging you a management fee based on a percentage of rent income collected? If so, classifying the utility income as rent income would actually increase the manager's fee. If the Tenant pays $150 a month for utility but it's classfied as rent income, a 10% management fee would cost you $15 per month.

Whether it's costing you or not, it's important for proper accounting. I would demand they fix it immediately or consider firing them.


 There is a % of rent BUT they are not including that - I would have seen that right away and objected or fired them.

I noticed the 1099 was the exact amount of the utility and questioned it. I keep my own records monthly to make sure I get the correct amount after PM % and if there were any authorized repairs by me, which would reduce from rental income.

None of this is the case. The 1099 just has the additional utility with the actual rental income.

It was hard enough trying to find a MD PM in that area. The last one did it but couldn't or wouldn't do the distance any longer (office based in VA a distance away) after 2.5 years. I suspect it was something else they just didn't say. It was a small father and son business. I asked before hiring them would this be an issue and he said no of course.

Post: PM refuses to log tenant reimbursement properly

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,946
  • Votes 429

The PM refuses to log the utility reimbursement from tenant properly, is this really a big deal?

I pay the utility directly, for reasons of ensuring it gets paid and is not the issue here.

The tenants receive a bill copy of the utility and they pay that to the PM who turns it around to me. 

This is a new PM I have and they, unlike previous PMs, are listing this under “rental” and showing it lumped into the 1099. I asked them to correct this and they refuse giving me some lame answer. 

My CPA says don’t worry it will balance out by setting the expense against it and it’s a wash. (my words and description not his)

I have never expensed the utility because the tenant has always reimbursed me. But now I need to save this and give the amount to the CPA.

I am concerned that it shows, however small, that the rental income is more than what was actually collected.

Is this really an issue for me, IRS? I don’t believe it’s proper bookkeeping. I did some research and found several articles that speak of the same situation where I am paying and get reimbursed from tenant clearly showing it’s utility and not income.

Post: Replacing a microwave….

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,946
  • Votes 429
Quote from @Colleen F.:

@Daria B.  I wouldn't fix it if the tenant is generally not good and not paying which it sounds like is the situation. To avoid concerns about diminishment of services for the rent there are two decent solutions.  I would favor going to a habitat and getting a second hand countertop microwave for 20$.  Your other option is to credit them (they aren't paying anyway) for some loss of use of the premises. I don't think you could be faulted for a countertop microwave, it is what they need functionally and it is a no pressure solution for you. The lease is what it is now.  Not every built in microwave replacement installation is simple.   

👍🏽

I considered the countertop and I think the PM may have suggested that as an option for the tenant to buy. If I supplied that in lieu considering it’s 2 months left on the lease it “should” quell the constant inquiries and provide the missing functionality. And considering the plumbing bill hasn’t been paid, the microwave isn’t at the top of my list. 

Post: Replacing a microwave….

Daria B.Posted
  • Rental Property Investor
  • Gainesville, FL
  • Posts 1,946
  • Votes 429
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 1,946
  • Votes 429

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 1,946
  • Votes 429
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 1,946
  • Votes 429
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 1,946
  • Votes 429

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 1,946
  • Votes 429

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.