All Forum Posts by: Scott M.

Put all of your efforts into finding a new PM.  Nothing else to do until you have a new PM in place.  

You said you "recently" acquired.  How recent?

You also said they easygoing and willing to sign a lease and paying rent to previous owner on time and everything.

This tells me you have zero direct experience with this tenant paying rent on time to you.  You are taking the word of the seller and some person you like on a personal level as they are easy going.  

Two thoughts.

1.  Fully qualify them like you would any other tenant.  I have a feeling you may not have a lot of experience with this given your description of this situation so if you are not sure how to quality a tenant properly look into that/ask questions etc.  For example, I would never say I want to sign a tenant because they are "easygoing".  

2.  I would put them on a month to month at most and see how it goes for 4-6 months before you lock yourself in longer term.  

You can charge them both, doesn't mean they will pay, doesn't mean they won't take you to court.  That said, the likely hood of going to court over this is low.  However if you end up in court you will likely lose because you don't know and you will never know.  

If you were to know you would already know.  Meaning the plumber could give you their opinion.  No matter if this is an upper/lower or a side by side there is a portion of the pipe that only belongs to one of the units.  Was the damage done in a portion that belongs to only one unit, if so, you have your answer.  If not, you will never know.  If the plumber could not tell, you will never know.  

This comes down to the type of landlord you are.  One type will charge and deduct from the SD even when they have zero proof and take the risk of court.  The other, knowing they can't prove who did it will not charge either one. 

Can't say I have ever had a situation where such amazing food was wasted in this way, but I would not charge them as I have no proof.  I would also no renew the leases and use as a good reason to do a turn.  

100%

"I know I need to fire the PM" & "Do I sue anyone" 

Slow your roll a bit.  

Just because a tenant is 2 months behind doesn't mean they are not current on their payment plan.  Doesn't mean they are either but you have not given enough info to justify firing or suing anyone.  

"Have paid and are on track" could mean they are current with the payment plan but still behind.  Doesn't mean they are caught up.

Take a deep breath and say more.  

Don't fire anyone, call them and talk to them and get more data.  I think the great @Nathan Gesner is a bit to strong, I would not be demanding anything at this point, be friendly.  Nothing of what you have said thus far indicates being hostile or going to the board.  

Get more info and post here.  The questions Nathan asked are great ones.  

"Bench trial" is just a fancy phrase for normal eviction proceedings.  Normally, you and the tenant go in front of the judge.  This is no different.  You and the tenant will go in front of the judge.  If you have ever had an eviction this will work just like that.  No cause for worry or concern, all normal.  

Honestly, all of this will come down to your local COVID rules.  If you are seeking possession, meaning you want the tenant out, you don't want money just want the house then you are likely to win.  You are on M2M so all good.  

If you are seeking money judgement then it depends if you have a state fund that courts send tenants to.  In MI we have that fund and if you are seeking money, it all gets routed through the fund and the judge will simply adjourn the case for X months allowing you and the tenant time to work through the fund.  

Make sure your PA states exactly what you want at closing.  Doesn't mean seller will agree but if you don't ask you may never get.  Meaning, if you want 1 unit vacant, make that known in the PA.  If you want all of them to stay on month to month leases, state that in the PA as a requirement to close.  So you are not surprised that the seller put them on 5 year leases prior to close. 

This stuff has to go in the PA.  

4 Unrelated adults in a single family home. Just asking for problems. First, check with your local building dept to see if they have regulations about how many unrelated adults can live in a SFR.

I think someone above said credit score is only a moment in time hahaha, yeah, that point in time is now which is why so many landlords, mortgage companies, banks, cell phone companies and on and on and on use it as a tool.  Unless this is a C or D area then credit score and what is making them low is important.  

Personally I would pass.  To many things to go wrong over a longer term lease with this many unrelated adults. 

"Do the section 8 rental payments go straight to your account or the property manager?"  Just like with a market tenant all rent should go to the PM, they record it and send it to you along with your monthly statements.  No different with Sec. 8.  PM fills out the paperwork, PM is the contact etc.  

I get your anger at the seller but no walkthrough on day of close?  No confirmation that the 1 unit was still vacant?  Others reading this need to learn from this major mistake.  

You can't understand the though process of the seller but frankly I can't understand yours.  

Did your contract specify that 1 unit was to be delivered vacant?  If so you have a legal case against the seller (maybe, you didn't check so who knows) but if not, 2nd mistake.  

As to how you move forward, serve notice, file eviction and offer cash for keys.  Change your buying process and learn from your mistake (not the sellers).  I am not saying the seller in an angel by the way but you can't control them, you can control yourself and you dropped the ball.  Unforced error.