All Forum Posts by: Robert Melcher

@Samuel Lacroix as a professional I also have to be careful of fair housing standards in the US and Texas.  I can't speak to the legal requirements a-la-Quebecois, but be careful of any possible liability you may create. Hence the published criteria and review of our process for legal compliance.

As a PM, if we get more than one qualified applicant for a property, we present both to the landlord for the ultimate decision.

We do have published criteria, and a policy of keeping a qualified applicant for presentation to another landlord if they are declined for the preferred property. Applications are good for 30 days for any other property we manage, and we do advise that there is no first-come-fist-served basis for decisions when more than one person applies.

Three basic fees, which I won't share here (legal/professional reasons) but which are same or better than shown:

Leasing fee negotiable/size of portfolio

Monthly management fee/negotiable

Renewal fee/negotiable

Eviction, inspections, move out/turnover management all included except for costs (filing fees, contractors, etc) and lastly, a small percent markup on repair services for the administrative load.

Oh, and sorry, we're aggressive about collection so we keep late fees.

Go look! My vendors all know to advise of any issues they see, and we also schedule mid-lease inspections. Also we visit any late-payers, properties with complaints or city/HOA violations, and every neighbor has one of my cards.

We apply all incoming funds to charges OTHER than rent first. they then end up short rent for which, I, a property manager, can now file for eviction.

In Texas a PM can only represent a LL in court for past due rent and hold-over.

Applying funds this way (per the lease) gives me the position necessary to force issues like utility collection, HOA fines, etc.

They think I work for them.

Nope.  No above ground pools, either.

@Tom ONeil I am also a property owner and my experience is that by the 10th month of the lease, the the long-term damage is already done, prepare for the turnover. This tenant indicated he has no intention of following the lease, so the condition of the property and their obligations to care for it are also suspect.  If you can get them to pay for the balance of the lease by filing for eviction, you will have the deposit for damages, instead of covering your lost rent.

@Atwan Kwan I understand about advising the client to take action against his wishes.

I question the thinking on the process.

I settle out of court all the time, but never miss a filing.

I can be in front of the judge and if I have permission from my client to accept payment, I will do so (in certified funds, full balance) and let the judge know right then my client has decided to dismiss.

BUT WITHOUT A POSITION OF STRENGTH, you can be played by a tenant who has no intent to pay and who only wants to delay the eviction until they've stayed rent free for the last few months. you stated the tenant DECIDED not to pay (obviously thinks he won't get his deposit back, or has no deposit saved for the next place).

Unless your client is aware of that possibility and you protect him against it, you're missing the point.

Hope for the best, plan for the worst.

@Thomas S. exactly.  The professionals (PMs) get fees for BEING professional, which in my book means telling the landlord to be a stone-cold businessman and NEVER allow a deviation from the contract.  We are hired BECAUSE we perform a service insulating the landlord from self-doubt and recrimination that comes from believing sob stories, getting bullied, failing to follow-through, etc.

And yes, I sleep very well at night because I sympathize and empathize and cry right along with them when I'm in front of the judge getting the eviction.  Tough love.