All Forum Posts by: Scott Rogers

Cant find any updates on the eviction ban lawsuits. Now with coming extensions threatening to push the ban out to atleast sept 2021 as well as expanding the scope of what the ban covers (potentially stopping all evictions) these court cases need to be heard!

Sure they are adding back in forecloser halts, but that doesnt help those with paid for properties at all. doesnt stop carrying expenses (taxes,insurance,maintance,ect) Banks with still have collateral to immediately collect at the end of ban while us landlords will never be able to collect loss rents from tenants that will have no way of ever catching up.

Feeling like a fool right now for scrimping and saving to buy a few properties to fund my retirement. especially now that my savings is being destroyed when I have to write a check to fund these investments that are supposed to be funding me.

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I had my case for disposition "stayed" this morning by the local Magistrate in Georgia. She stated once that form was signed my the tenant the process comes to a immediate halt. I asked if I could challenge it as it was not properly delivered to me or my property manager only a picture of it emailed. also tenant has made no attempt to even partially pay and had not even contacted us until 3 days ago when she was served with the court date.We question her attempt to get government assistance as we have not been contacted by any agency requesting copy of lease or any other proof that the tenant is valid ect. The judge said to challenge you must go to federal court. With the cost of attorneys and the time involved in doing that it would not make financial sense. The tenant currently owes approx 1200.00 and by december 31 when the current order expires will add approx 1800 more so 3k isnt worth going to Fed Court and the local authorities wont intervene.

If you have a tenant you wish to evict for any reason other then non payment you can but if you mention non payment at all in the complaint the process will be stopped, read into that what you will

Originally posted by @Account Closed:

Originally posted by @Account Closed:

My question would be clarifying my understanding of the order about how a tenant has to serve the landlord with the declaration, and then the landlord could supposedly face fines and jailtime for continuing with the eviction.

Then separately I read how courts would independently assess if the declaration actually held water.
I wasnt sure if the criminal penalties are only for self-help evictions, which are already illegal, or theoretically could be applied just for filing the eviction even when i doubt the validity of the tenants declaration, even though apparently the courts are willing to look at the (civil) eviction case.
This all really does feel like the legal version of the upside down in stranger things.

In AZ "self-help evictions" are legal as they are in many states.

The important thing is to have proof they lied. If you contact their employer and the employer says they have been working all of this time then you have a case.

I approach it from an "inform and research" angle. If I get presented with such a declaration, I'll inform the tenant that there is a possible 5 year prison term and $250,000 fine for misrepresenting information on the declaration. If they choose to go forward with the declaration, I'll send by certified mail, that they need to provide to me all pay stubs and bank statements since Jan 1 2020. We have a duty to protect the integrity of the moratorium and the integrity of our business as landlords.

If they fail to produce the stubs or provide proof they meet the qualifications, I'll (my attorney) will show that evidence to the eviction court and then we will pass the evidence on, in this case to the FBI, for consideration of investigation.

I'll let the tenant know what we are preparing to do, but if they are out of the property in 48 hours we will not refer it on. It's their choice. Then, we will wait and see what they do.

If they still refuse to move on, I have deeper pockets for seeing things through to the end than they do and I'll get the proper authorities involved.

I'm currently evicting a tenant for changing the locks and not providing me with a key or access as required by state law and by the lease agreement. I expect they will attempt to use the moratorium as an excuse. That is why the eviction is about changing the locks, not about the money they owe. Always think ahead.

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Why not have the existing tub refinished? would be like new and cheaper to do.

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Generally financing is not available. These are mostly cash purchases. You may refinance to get your money back after but the process will not allow time for conventional lending

The starting bid is artificially low to spur bidding. virtually every auction will have a reserve price and often houses that dont meet reserve will be put to auction several time before a actual sale.

Many of these houses are in default due to money hardships which will also generally mean deferred maintenance and possibly worse. You are buying these with out access to the inside of the property so it is risky and the price will be lower to compensate for that risk.

While sometimes a steal can be had, generally the selling price of these homes is FMV minus risk and repair cost. And in some cases due to insufficient due diligents, and or not enough risk costs factored in or especially emotions getting involved its easy to actually over pay at auction.

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This is what hud pays for section 8 housing in your area for "fair market rent".

https://www.huduser.gov/portal/datasets/fmr/fmrs/F...

Truilia will give you e-mail alerts every time a PM lists a rental for rent in your area so you can compare price and quality with your own properties.

https://www.trulia.com/rent/

many property manager companies will have a website listing their available rentals as well so you can compare

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The contractor knows hes going to be paid because he can do a Mechanics lean on the property.

I would only do this if I was directly paying the supplier and the supplies were delivered straight to the job site.

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valuation is part of your due diligents. use multiple sources including your counties tax commission site (which you also need to check the house is current on taxes) and recently sold comps. As well as potential repairs and rehab costs to bring it to marketable condition.

Auction.com is a reliable website and a good source for flips. However you will have competition and quite a bit of it for a good deal. And you better have Cash and or some creative financing available because you typically will not have time for a conventional loan and still make their time line to close.

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I would immediately higher a exterminator to inspect/ give a written plan of attack/ begin treatment to correct.

As far as appearing. Do you have a property manager? I would assume a Property manager or a lawyer would be suitable representation as long as they bring proof you are actively attempting to rectify the issue.

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nothing additional. you take monthly rent divided by 2. due 1st and 15th regardless of weeks in month.

Now if your renting by the week thats another story. you take yearly rents and divide by 52.

Whats the lease/contract state?

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it may be regional, but here Auction.com seems to have the largest inventory and it is free to bid.

Be aware of terms though. most are cash only so have finances inorder before bidding.

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All Forum Posts by: Scott Rogers

Scott Rogers has started 2 posts and replied 87 times.

Post: Any updates on eviction ban Lawsuits?

Post: CDC eviction "Order" not enforceable

Post: Bathtub that doesn't require 3 walls???

Post: looking into homes listed for auction

Post: Calculating Market Rent

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Post: How accurate are the property valuations on auction.com?

Post: Code Violation on a property

Post: rent payments is 500.00 Dollars per month. How much is rent bi-w

Post: Suggestions for auction websites?