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All Forum Posts by: Robin Evans

Robin Evans has started 14 posts and replied 97 times.

Post: Can I change provision for month to month lease?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Colleen F.:

@Robin Evans  ah pets,  you probably can't determine if the other landlord gave her permission  but that lease is up and you said she is on month to month now,  you gave her a fee and she won't pay it. I would just give her notice of terminations sooner rather than later.  The reason being is she is the kind of tenant that is dictating terms and she is only likely to get more difficult.  I would not believe she is leaving at the end of the year.  She has been looking for THREE years, she isn't going to find what she is looking for. If the end of the year is better for you then do that but  don't do it because she said that is good for her because I bet she will push you as far as she can. 

You could give her a generous 60 or more days notice or say hey you won't sign the lease here is a termination of occupancy agreement on x date (it could be in 6 months). You need to sign this now, if she doesn't sign it you have your answer and serve a termination notice. 

That is very helpful insight and great idea! We will send a termination notice here in a few days (6 months) and will not let her dictate this. So the question is if she fails to pay rent or something else pops up, can we give her another termination notice that says the tenancy ends sooner? Or do we need to put something in the termination notice now saying if anything happens that could lead to shorter tenancy? Appreciate it a lot! 

Post: Can I change provision for month to month lease?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Colleen F.:

@Robin Evans If she is already smoking in the unit there is no disadvantage to allowing her to stay and not sign that provision.   If she doesn't have a pet also not an issue that she doesn't sign that. I am not sure how this holds up in court but in MF I always put a clause that tenants must follow property rules for common areas which may change from time to time to cover things you never think of that people do.    I think your approach is good as long as she pays.  If she is looking for 3 years though you may just have to give her notice at some point.  She may be looking for a unicorn..

 @Colleen F. thank you for your input! Sorry for being so late to respond! She does have two cats although the lease says no pet. She said the previous owner told her she didn't have to pay pet deposit or monthly fee but there is no written pet amendment. So we told her she can keep the cats but need to pay pet deposit and monthly fee. She doesn't like the idea and will not pay. We will just plan to part with her at the end of the year as long as she pays her rent. Would try our best not to inherit tenants again! 

Post: Can I change provision for month to month lease?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Colleen F.:

@Robin Evans  you certainly can put deliver vacant in your purchase agreement but in most cases this only works if the tenant is already deliquent or the seller is willing to do a cash for keys. In general, the rental agreement survives the sale. Section 8 you definitely would not be successful in deliver vacant unless the tenant is already on the path to eviction.   If your tenant is not current and you want to get rid of her you should serve all notices to get her out so if she doesn't move on her own you can proceed. It may not be as easy to for her to get another section 8 rental as she thinks.

Good to know! Thank you so much! New update is she doesn't like the different lease, like non smoking, no pets, that we presented her and would not sign it.  She claims she has been looking for bigger place for 3 years and will definitely move by end of year. As long as she pays the rent and moves her car to a designated space, we can keep her for 6 months.  If not, we will just give her a 30 day notice and let her go. That way, it gives us some time to rehab the vacant unit and rent it out and rehab hers after she moves out. Is that a good approach? Appreciate your input in advance! 

Post: Can I change provision for month to month lease?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Colleen F.:

@Robin Evans  if she doesn't listen you can also put a barrier where she is parking such as a pole or rocks so she can't park there. 

That's a smart idea! Love it, lol! Thank you so much! 

Guess what, she is the ONE that keeps creating issues. She didn't pay June on due date June 1st and didn't respond to our messages and calls either. Finally she got back to us June 2nd saying her income has changed so HUD and her share change too and she is waiting on their confirmation. So she didn't pay her share. And her previous landlord never charges a late fee. Well she told me exactly how much she is responsible and how much HUD is responsible! We said we are not previous landlord and we go with the lease. Regardless, you need to pay a late fee. If you still don't pay rent, there is a $ 5 charge for each additional fee per lease. She has the money for rent but $ 20 short for late fee so asked us if we still charge her $ 5 late fee if she pays the rent now and pays $ 20 in 10 days. If we do, she is going to move. I told myself in my head " go ahead, be my guest", lol. But since she pays the rent on the second day, we will just charge the $ 25 late fee. It is not fun to inherit tenants like this. The question is when we buy rental property, can we request sellers to get rid of their tenants? Thank you all for the input and have a great weekend!

Post: Which property to buy?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Ronald Rohde:
Quote from @Robin Evans:
Quote from @Ronald Rohde:
Quote from @Robin Evans:
Quote from @Ronald Rohde:

I'd take the adjacent. Id wager your rents can go higher than your assumptions on #2.

@Ronald Rohde thank you! Actually #1 is currently rented to a nonprofit organization store at $450 per month and seller is going to ask for $80k for the property. Kind of hard to raise the rent substantially to get decent cash flow with the current tenant. 

 How long is the lease?

It is currently month to month. 

 Why would that be hard to raise? Start the conversation when you're under contract, if they balk at market rates, shop for a new tenant all before your EM goes hard. There's no risk to you other than your time.

Appericate your input and follow up a lot! We could try to raise the rent. But it is a small town not attracting tons of people. There are already some vacant store fronts. So not sure if we will get new tenants in if we raise the rent. All in all, the numbers are just not that great. We have a duplex in another town that generates $ 1700 a month and the purchase price is almost the same as this one. If it is a residental property, we have better chance to raise rent and rent it out. Just talked to a guy on the street who lives there for many years and also has a store front but it is not rented. The town doesn't allow property owners to convert commercial units to residential units. If you can't rent it out, it just has to sit there. Is that common practice elsewhere too? 

Post: Can I change provision for month to month lease?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Colleen F.:

@Robin Evans  if she doesn't listen you can also put a barrier where she is parking such as a pole or rocks so she can't park there. 

That's a smart idea! Love it, lol! Thank you so much! 

Post: Which property to buy?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Ronald Rohde:
Quote from @Robin Evans:
Quote from @Ronald Rohde:

I'd take the adjacent. Id wager your rents can go higher than your assumptions on #2.

@Ronald Rohde thank you! Actually #1 is currently rented to a nonprofit organization store at $450 per month and seller is going to ask for $80k for the property. Kind of hard to raise the rent substantially to get decent cash flow with the current tenant. 

 How long is the lease?

It is currently month to month. 

Post: Can I change provision for month to month lease?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Colleen F.:

@Robin Evans    I  would add that if the lease is silent on where to park you can assign spaces.  She might not follow the rules and if she doesn't it probably isn't worth the aggravation of having her annoy other tenants and then she needs to go. I am assuming here that the parking is already an issue and assigning spacing would be to solve that issue.  The lease questions you already have great responses.

That's smart! The issue now is she refused to move her car to the parking space. She would rather park by the stairs which is not part of parking lot. We have put assigning parking space in the new lease and will see if she signs. Thank you very much! 

Post: Can I change provision for month to month lease?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Henry T.:

Write a new lease. Fill it up with everything.  I have 3 paragraphs just on Lawn mowing and the penalties there of, 3 paragrraphes on vehicles and the penalties, etc, BBQ's away from house, etc, Pets and disturbance and penalties,  noise, rubbish and penalties, etc,  .....You're new at this. Find a local landlord group you can join and get some basic forms. Then add your own additional 20 pages of particulars.  Gotta love Ohio. Dayton. And home of the mighty Wright Brothers!!! What a town! Wright/Patterson wow! The beginning of Aviation! Huffman Field, ....sorry, I get carried away.

Thank you for the helpful advice! You can never go wrong on setting up the detailed rules upfront! We will look for a local landlord group and join!  Airforce museum is indeed one of the gems in Dayton! 

Post: Which property to buy?

Robin EvansPosted
  • Rental Property Investor
  • Dayton, OH
  • Posts 97
  • Votes 42
Quote from @Jason Norton:

Excellent idea. You can turn one space into a more cashflow area sometimes. 

Thank you! Got the storage idea after attending BP rookie bootcamp in Dever last month!