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All Forum Posts by: Scott Johnson

Scott Johnson has started 45 posts and replied 520 times.

Post: Not sure what to do

Scott Johnson
Agent
Pro Member
Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Joe Felix:

Looking into purchasing a duplex for 175k. However, closing cost are  exactly what I have in cash 20k. I was planing on doing renovation to the first floor as the second floor is ready to go. This will be all done through an fha loan. The seller is not offering seller credit but is willing to do the repairs to meet the fha requirements.

Should I proceed and buy the property?

And take out a loan for the renovations?

Any tips or suggestions would help.

Thank you


Totally depends on your willingness to take on the risk of a loan to fix it up. What's the ARV after you repair it? The same $175K?

Post: Notice of Sale Under Power

Scott Johnson
Agent
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Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Alfred Smalls:

I have a seller that recently received a notice of sale under power. When the seller is in this phase of the foreclosure process is it too late to sell to a cash buyer? 

Asking because I’m getting conflicting answers elsewhere.


 What state are you in?

Post: Please review this letter to tenant. I'd like to persuade her before eviction.

Scott Johnson
Agent
Pro Member
Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Nathan Gesner:

I generally agree with the others. I know you want to be nice, but it's more likely to give an appearance of weakness and could cause even more confusion. It's best to start the eviction process and keep it professional. There's a very good chance the Tenant will just disappear.

Speaking of which, have you actually confirmed they are still in the rental? I'm amazed by how many times Landlords go for weeks or months before realizing the Tenant has already moved out.

 Agree with the aforementioned. Less is more. Here's my take, in the event they're truly a clueless person:

"Hey, dude. I'll give you $200 to move out in 14 calendar days. If you don't, by law you'll be evicted, removed by the sheriff, and it'll ruin your credit which makes it very hard for you to rent another place to live."


Obviously word it professionally, but that's the gist.

Post: Tenants not giving notice to stay or vacate

Scott Johnson
Agent
Pro Member
Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Nathan Gesner:
Quote from @Tim Hulme:

"Dear Tenant,

I told you I needed 30 days notice of your intent to renew. You have not responded and the deadline has passed. Your lease will terminate and I expect you to vacate no later than 11:59PM on July 31, 2023."

Any time you expect a response, set a deadline for that response and a consequence for failing to respond. That puts the ball in their court and it gives you the next step if they refuse to cooperate.


 I'd check state law on the 'auto-renewability' of leases, as I just know of leases always going to month-to-month. Here in NC, I believe it's illegal to have a contract without an end date. 

If there is auto-renewability then the letter may not work, but it most likely will. 

Post: Tenant signed lease but wants to back out ahead of move in

Scott Johnson
Agent
Pro Member
Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Gregory Schwartz:

Our general rule is that a future tenant who has signed a lease, will have to pay for the rent until we can find a new tenant to move in. Per our lease we also can, and usually do, charge said tenant a fee to cover the additional admin cost of re-leasing a unit. 

Your lease is your best friend in any tenant landlord issue. 

 @Steve Vaughan is likely correct on this one, but you have to confirm what happens (via MA law) when someone 'breaks a lease'. I'm sure that's not the correct term in the legislature. 

The last line of Greg's post is spot the heck on. Understand and Operate By Your Lease.

Post: Tenant signed lease but wants to back out ahead of move in

Scott Johnson
Agent
Pro Member
Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Bianca Rodrigues:

Hi All!

First time landlord here. I have a three family apartment building where I’m renting the third floor to travel nurses. I just recently had a nurse sign our lease (expected move in was June 11) and now she wants to back out of the lease because she found another place. My lease doesn’t have anywhere stating about early termination of the lease (my fault) but isn’t a lease a legally binding contract once signed? Is she able to just say she wants out and we’re supposed to allow it?


TIA!


 You need to understand Boston/Mass Landlord-Tenant Law. Have you read the legislation? If not, I'd talk to an attorney, but if it's not defined explicitly in the contract, I have a feeling it will revert directly to Landlord Tenant Law. 

Post: Nurse contract cancelled days before move in

Scott Johnson
Agent
Pro Member
Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Sam C.:
Quote from @Nicole Heasley Beitenman:
Quote from @Sam C.:

You have a signed lease but no deposit?


 Are deposits common in MTRs? That would be good to have to shield you from cancellations like this. 


 I would rarely sign a lease without a deposit (there are some very specific situations and other non-monetary type deposits I may consider).


 Honestly, if that deposit is equivalent to 30 days rent, terminology could easily be changed in the lease (in this case) to authorize the use of that deposit as reparations for breaking the lease prior to move-in. 

Seek council and have an attorney draft it up, though.

Post: Nurse contract cancelled days before move in

Scott Johnson
Agent
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Posted
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  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Andrew Beckmann:

Hello BP community!
I realized I need to utilize this resource more when I have situations I'm not sure how to handle as a newer investor/landlord and could use the input/advice of a group of experienced people. 

Here is the situation. I have a MTR. A nurse has signed her lease and is set to move in tomorrow.
I just got a message from her with this scenario:
She had hip surgery in Sept. She was having hip pain so on her way from last contract (Colorado) to new contract (Omaha) she stopped in to see her doctor in Colorado. She was told the hip is not healing well and she needs to be on light duty. She contacted hospital to see if they could accommodate and was told no so her contract is going to be cancelled. 

I feel bad for her, I really do, and yet the lease has been signed and states:

Notice of Termination:
24. If Lessee(s) intends to vacate the Premises at the end of the lease term, or if the lease is month-to-month, Lessee(s) must give at least 30 days written notice prior to the end of this lease, or prior to the date of intent to vacate. If 30 days notice of intent to vacate is NOT given prior to lease term or date of intent to vacate, Lessee(s) are responsible for the equivalent rent amount due for the 30 days after notice is given.


What would you all do?
Do I release her from the lease and just try to get unit rented ASAP?
Do I ask her to pay the one month of rent?
(FYI no rent has been paid yet. It would be due today)

Sorry for the long message but wanted to get all the details so others knew the full story. Thank you all for your help!


 "If 30 days notice of intent to vacate is NOT given prior to lease term or date of intent to vacate, Lessee(s) are responsible for the equivalent rent amount due for the 30 days after notice is given." 

Easy peasy. You have a baked in escape clause for the tenant. They're responsible for 30 days rent. It sounds like she's sent you written notice of her 'vacating', if you'd call it that, so have her pay for the 30 days rent. 

Understand and Operate By The Lease

Hope this helps!

Post: How to deal with a disabled tenant

Scott Johnson
Agent
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Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341
Quote from @Nathan Gesner:
Quote from @Baha Acuner:

Disabled people are not exempt from the law. They still have to pay rent, abide by the lease, and obey the law.

They are bad renters. It's not your fault they lost their leg or that they are struggling financially. You can pat yourself on the back for letting them live without an increase, which means you have subsidized their rent for four years and probably saved her tens of thousands of dollars.

Treat them like any renter. Give them a 30-day notice (or whatever the law requires) and get them out. Clean it up, figure out what market rate is, and find a good renter. In the future, consider an annual review and increase to stay close to market rates.

I'd also point out that 'subsidy' can also mean 'enabling'. Not saying that's the case, but there's something called 'Toxic Giving' which causes people to continue performing the same behavior to a point where they're absorbing resources that could have been used to help people who are truly in need. Maybe she is, and I'm just a heartless b*(@!#d.

I'm 100% with Nathan on this one. You're completely in your right to give 30 days notice, if that's state law and how it's written in the lease. Don't worry about the law, understand the law and understand/operate by the lease. This is something many investors don't do going in and lean on attorneys later on when things go south. 

Read the law, and operate by the lease. If there's anything that I've learned in my time investing/property management it's that if you don't operate by the lease as written and treat everyone the same (by operating by the lease explicitly) you could potentially have the book thrown at you in court. 

Hard truths. Hope this helps!

Post: Best lead generation sites

Scott Johnson
Agent
Pro Member
Posted
  • Specialist
  • Greenville, NC
  • Posts 530
  • Votes 341