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All Forum Posts by: Russell Brazil

Russell Brazil has started 176 posts and replied 16680 times.

Post: Tenant won't pay utilities- housing choice voucher DC

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184
Quote from @Jules Aton:
Quote from @Russell Brazil:
Quote from @Alexa S.:
Quote from @Russell Brazil:
Quote from @Alexa S.:

@Russell Brazil I appreciate your response. Unfortunately, I received information from this forum to the contrary, from a longstanding landlord working with DCHA so of course it wasn't my intention to break the law. I can resolve the back pay but would the best solution then to just change the utilities to the tenant's name moving forward?

I've never had a voucher tenant that I've moved from rent plus utilities to just rent, so I'm not sure if it's possible. And if it is possible, what the process is for that. Your tenant very well probably would reject this anyways. If utilities cost more than section 8 will pay, and they're already in the unit on a valid lease (DC leases automaticly extend month to month at expiration, with no ability to non-renew) then why would the tenant agree to change the terms of the lease in favor of the landlord?


Can you explain what you mean that there is "no ability to non-renew"?


DC you can not choose to simply non-renew a tenant and get rid of them. The only way to get rid of a paying tenant is if the owner is going to re-occupy the property themselves. There is no other option to remove a paying tenant.

I'm in the area and know it is big business but this would be a hard no for me. Does selling the property allow for removal of the tenant? 


 Nope

Post: Tenant won't pay utilities- housing choice voucher DC

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184
Quote from @Alexa S.:
Quote from @Russell Brazil:
Quote from @Alexa S.:

@Russell Brazil I appreciate your response. Unfortunately, I received information from this forum to the contrary, from a longstanding landlord working with DCHA so of course it wasn't my intention to break the law. I can resolve the back pay but would the best solution then to just change the utilities to the tenant's name moving forward?

I've never had a voucher tenant that I've moved from rent plus utilities to just rent, so I'm not sure if it's possible. And if it is possible, what the process is for that. Your tenant very well probably would reject this anyways. If utilities cost more than section 8 will pay, and they're already in the unit on a valid lease (DC leases automaticly extend month to month at expiration, with no ability to non-renew) then why would the tenant agree to change the terms of the lease in favor of the landlord?


Can you explain what you mean that there is "no ability to non-renew"?


DC you can not choose to simply non-renew a tenant and get rid of them. The only way to get rid of a paying tenant is if the owner is going to re-occupy the property themselves. There is no other option to remove a paying tenant.

Post: Tenant won't pay utilities- housing choice voucher DC

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184
Quote from @Alexa S.:

@Russell Brazil I appreciate your response. Unfortunately, I received information from this forum to the contrary, from a longstanding landlord working with DCHA so of course it wasn't my intention to break the law. I can resolve the back pay but would the best solution then to just change the utilities to the tenant's name moving forward?

I've never had a voucher tenant that I've moved from rent plus utilities to just rent, so I'm not sure if it's possible. And if it is possible, what the process is for that. Your tenant very well probably would reject this anyways. If utilities cost more than section 8 will pay, and they're already in the unit on a valid lease (DC leases automaticly extend month to month at expiration, with no ability to non-renew) then why would the tenant agree to change the terms of the lease in favor of the landlord?


Post: Tenant won't pay utilities- housing choice voucher DC

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184

Your tenant is correct. If you are on thr rent schedule of rent plus utilities, you can not charge extra for utilies. So youve been illegally billing the tenant for years at this point it sounds like. 


If the tenant takes you to court, you will likely have to not just pay her back that billing, but it will be tripled plus court and lawyer costs.

Post: Great Potential Applicants with Pitbull ESA

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184
Quote from @Dan H.:
Quote from @Russell Brazil:

It's not an undue financial burden because there are plenty of insurance providers that will insure this at no additional cost.


 A year ago I had to change insurance carriers because of a change of policy by my carrier.   My insurance more than doubled. 

Most of us have insurance with the cheapest option and any change of carrier would result in a premium increase.  Add to this the risk of now having a new insurance carrier if a substantial claim has to be made and the consequences versus making the claim against a long time insurance carrier.  

I suspect in many cases a change of insurance carrier will result in higher costs and additional risk. 

I would deny the tenant based on the increased cost criteria.   I would invite the tenant to get the insurance carrier to change their policy. The prospective tenant will not succeed.  I would not change carriers to accommodate an ESA that my insurance does not allow.   

If they need an ESA, no one forced them to get an aggressive breed.  The issue is tenant caused.   They will need to find a LL where the ESA does not result in increased costs. In other words they will need to deal with the issue that their choice of ESA caused.


 Local governments have been sued and lost based on trying to restrict putbull breeds for service animals and esas. If a city or county can't even defend themselves in a lawsuit with huge amounts of money to use to defend themselves for this, that passed laws banning the breeds....the reality is a landlord stands zero chance in defending themselves on this.

Regulatory fines are a guilty til proven innocent fine as well. So they're out $16k on the fair housing fine, then need to pay to try to get that overturned, of which theyll end up losing. Just to try to make a point.

Post: Great Potential Applicants with Pitbull ESA

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184

It's not an undue financial burden because there are plenty of insurance providers that will insure this at no additional cost.

Post: PA Lease – BiggerPockets Template vs. PAR Lease?

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184
Quote from @Benjamin Hoffman:

Hey all,

I'm a landlord in Pennsylvania and I downloaded the PA-specific lease template from BiggerPockets. I'm wondering—is that sufficient for a standard one-year lease, or would it be better (or safer) to just make an account with the Pennsylvania Association of Realtors (PAR) and use their most updated lease?

I'm not planning to have an attorney review it, so just curious which route is more trusted among PA landlords. Also, if anyone has the updated PAR lease and would be willing to share it, I'd be super grateful.

Thanks!


 Well you cant just make an account with PAR and download their lease. Their lease is licensed for use to their members. You would need to hire a PAR Realtor in order to use their lease.

Post: The Bigger Pockets Mount Rushmore

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184
Quote from @James Wise:

Behold....The Bigger Pockets Mount Rushmore. A mountain of men so awesome at real estate that there are 5 heads instead of 4. These 5 men have amassed a stockpile of votes big enough to fill the hole left in your heart after your Dad never came back after saying he was going to the store to get some cigarettes. 

These 5 men are tough as nails. 

These 5 men season their steak with pepper spray.

These 5 men put hot sauce on their cereal. 

When Elon Musk gets to Mars, one of these 5 men will make him fill out a rental application.

When these 5 men enter a room, they do not turn on the lights, they turn off the dark.

These are the 5 men whom the monster under your bed has nightmares about.

@Jay Hinrichs @Nathan Gesner @Russell Brazil @james wise @joe villeneuve 

___

It's silly to ask, but if you've got a Bigger Pockets Mount Rushmore that differs from the one seen here with the 5 G.O.A.T's....Who's on it?


 I remember way back in time when I use to be #2 before Nate Dog passed me.

This is of course such a great honor to be listed in such an esteemed group of men and a smurf.

Post: New member from Maryland

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184
Quote from @Francine Keuke:

Hello – My name is Francine . I live in the greater Washington DC area. I am new to real estate investing and looking to connect with any local investor.

Thank you

Welcome to BP. Lots of DC area members on here

Post: Should I Use the Listing Agent or Get My Own?

Russell Brazil
ModeratorPosted
  • Real Estate Agent
  • Washington, D.C.
  • Posts 17,490
  • Votes 30,184

You should get your own agent.