Skip to content
×
PRO
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
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
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: Rob Bowling

Rob Bowling has started 0 posts and replied 47 times.

It's going to depend on your state. In normal times non renewals are straight forward. You are under no obligation to continue leasing to someone after the lease period. But in some states judges aren't granting non renewals. Ask an attorney in your area if judges are granting non renewals.

Post: PM asking for money.....

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77
Originally posted by @Ken Gee:

The Property Manager is an agent of the owner.  By definition, an agent is NOT responsible for the debts of the Owner just like the agent is NOT entitled to income that should belong to the Owner.  You can't have it one way and not the other.

Under no circumstances should the agent ever take a loss that is the result of an item of income or expense of the underlying property.  To allow this would allow the owner to be unjustly enriched at the expense of his agent.

This is one reason property management is so extremely difficult.  Mitigating risk as a PM is extremely critical.

Hope this helps.

Ken

 You say " under no circumstances should a pm take a loss".

Really?  What if they erred and just now caught this, and it's outside the window of appeal?  I can give lots of other examples. Just because you are the " agent" doesn't mean you automatically get made whole in the case of your negligence. If their error caused the loss then they absolutely should take a loss.

Lots of unanswered questions here to use words like " under no circumstances".

Post: Why are you refusing section 8 vouchers?

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77

I've got 40 something sect 8 tenants currently, so I obviously accept and deal with sect 8. But with that being said, it's a pain in the ***. LOTS of paperwork, unfavorable terms, tenants get the upper hand, bad inspectors make things miserable, a huge delay in getting paid etc.

Ive had an inspector fail a unit for no hot water heater ( it was a renewal inspection, not even initial), she wasn't aware the whole building had a centralized boiler. My question of course was...." Why didn't she just turn the faucet on?"

i had an inspection fail because the tenant had his bedroom in the living room. Why do they care where the tenants bdrm is?

i greatly dislike that no matter what the situation is, it's the landlords responsibility to fix. The front of the stove is shattered, the tenant has been there for 6 years, but they still insisted I fix it before payments would be resumed. I've got hundreds of stories.  I don't blame anyone who doesn't take sect 8, I've greatly lowered it myself as far as an overall percentage.

Post: CDC declaration & evictions

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77
Originally posted by @Joe Splitrock:
Originally posted by @Rob Bowling:

Tenants are protected for non payment regardless of lease type. However, you can still evict for lease violations and many states are granting non renewals. Which means you give them a 30 day ( or whatever your state requires) notice you aren't renewing their lease, since your tenant is month to month.

 The order doesn't specifically state non-renewals are covered, but you may be able to push it through under item 5. Here are the five exceptions listed that you can use for eviction. Also people need to be careful because there is potential for huge fines if you try to wrongfully evict someone after receiving the CDC declaration. Talk to an attorney:

1. Criminal activity

2. Threatening health or safety of other residents

3. Damaging the property 

4. Violating building code or health ordinance

5. Violating any other contractual obligation (other than timely payment of rent or late fees)

Full CDC order text:

https://www.cdc.gov/coronaviru...

Each city and judge might be different. I've successfully gotten rid of 4 tenants in the past 5 months through non renewal. Like the judge told my last tenant that showed up via zoom....." I can't make a landlord keep leasing to you after a lease is over, just like I can't force you to stay at the completion of your lease."

I also don't believe the CDC order addresses it because non renewals aren't considered evictions. You can be non renewed, and that wouldn't show up as an eviction.

An attorney in your particular city will be able to tell you in 10 seconds how that city is addressing non renewals.

Post: CDC declaration & evictions

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77

Tenants are protected for non payment regardless of lease type. However, you can still evict for lease violations and many states are granting non renewals. Which means you give them a 30 day ( or whatever your state requires) notice you aren't renewing their lease, since your tenant is month to month.

Post: Bought a home with a squatter in it. What to do?

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77

Assuming there isn't a lease in place, many states are granting non renewals. Your attorney is going to have to tell you if your state is granting them.

Post: My tenant ignored rent increase, what to do next?

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77

Unfortunately you are going to have to speak with an Attorney that knows the current rules in your particular state.

Several have mentioned eviction for non payment. You can't do that right now anywhere in the US. BUT alot of states are allowing non-renewal. As long as the tenant isn't under a lease, and yours isn't, you want to file for non-renewal. An attorney will tell you if your state is granting non renewals. I've gotten rid of 3, going on 4 tenants through the pandemic with non renewals.

Post: Section 8 rent tenat

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77

I have alot of sect 8 tenants who pay part of the rent. You said it says $1350 in the lease, sounds like the $150 is the renters portion that they pay.

Post: First Rental Property

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77

I never understood the need to kick out tenants to clean up their mess. The goal is to make money, not rehab units. It's not preferable that he is a hoarder, but the mess is already there. If he pays on time, continue to take his money. The mess will be there to clean up tomorrow or ten years from now, whenever he moves out.

Post: Investing in St. Louis high crime rate locality

Rob BowlingPosted
  • Investor
  • Prospect, KY
  • Posts 47
  • Votes 77

Exactly, a whole bunch of generalizations and ignorant comments. Just because someone doesn't invest in the same class of real estate it doesn't equate to greed. Good grief.

And don't fool yourself, we all are in this for the money.