Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Jims B.

Jims B. has started 4 posts and replied 9 times.

Hello everyone!

Just curious to see how people in this community started when venturing into the land and new construction aspect of investing. Can anyone provide some guidance on how to get started with investing in land and new construction projects, including key factors to consider and initial steps to take? If anyone can do a break down from start to finish, it would be greatly appreciated. Thank you all for your responses and every bit of insight helps! 

Quote from @Daniel Johnson:
Quote from @Jims B.:

Hello,

We are putting an offer on a property with existing tenants. Per realtor, tenants do not have a signed lease. Tenants have been living there for 9 years and didn’t missed any payments to the landlord. 

I  consulted a lawyer how to do this. He suggested to have an estoppel certificate and serve 60 day notice when we close escrow. We have to flip the property as it is in a bad condition. 


What else are we missing? This is our first time to buy a property with tenants.

This is in the Fresno area? Tenant isn't protected from eviction without cause? I'm down in Hanford. I wouldn't buy an inhabited property without a discount or maybe see if the holding company can hold certain funds to cover holdover expenses.
Why didn't the seller evict? 

Yes, a landlord can evict a tenant without cause in California, but only under certain circumstances. According to the , a landlord can only evict a tenant without cause if the tenant has lived in the rental housing for less than 12 months. After 12 months, the landlord must have a valid reason to evict the tenant, which is called “just cause” protections for eviction. The law lists several “at fault” and “no fault” reasons for eviction, such as not paying rent, breaking a material rule in the lease or rental agreement, criminal activity at the rental housing, subletting if the lease does not allow this, and more. If the landlord evicts the tenant for one of these reasons, they must first give the tenant a written notice that states the reason. The law applies throughout California and protects many renters in California, but not all. The just cause protections apply to renters who live in certain types of housing once they have lived in the housing for 12 months. If you want more information about whether the law applies to you, you can contact the local office of Legal Services of Northern California.



Yes, a landlord can evict a tenant without cause in California, but only under certain circumstances. According to the , a landlord can only evict a tenant without cause if the tenant has lived in the rental housing for less than 12 months. After 12 months, the landlord must have a valid reason to evict the tenant, which is called “just cause” protections for eviction. The law lists several “at fault” and “no fault” reasons for eviction, such as not paying rent, breaking a material rule in the lease or rental agreement, criminal activity at the rental housing, subletting if the lease does not allow this, and more. If the landlord evicts the tenant for one of these reasons, they must first give the tenant a written notice that states the reason. The law applies throughout California and protects many renters in California, but not all. The just cause protections apply to renters who live in certain types of housing once they have lived in the housing for 12 months. If you want more information about whether the law applies to you, you can contact the local office of Legal Services of Northern California.



Yes, a landlord can evict a tenant without cause in California, but only under certain circumstances. According to the , a landlord can only evict a tenant without cause if the tenant has lived in the rental housing for less than 12 months. After 12 months, the landlord must have a valid reason to evict the tenant, which is called “just cause” protections for eviction. The law lists several “at fault” and “no fault” reasons for eviction, such as not paying rent, breaking a material rule in the lease or rental agreement, criminal activity at the rental housing, subletting if the lease does not allow this, and more. If the landlord evicts the tenant for one of these reasons, they must first give the tenant a written notice that states the reason. The law applies throughout California and protects many renters in California, but not all. The just cause protections apply to renters who live in certain types of housing once they have lived in the housing for 12 months. If you want more information about whether the law applies to you, you can contact the local office of Legal Services of Northern California.


 We will need to rehab the entire property and it would take probably 2 months

Hello,

We are putting an offer on a property with existing tenants. Per realtor, tenants do not have a signed lease. Tenants have been living there for 9 years and didn’t missed any payments to the landlord. 

I  consulted a lawyer how to do this. He suggested to have an estoppel certificate and serve 60 day notice when we close escrow. We have to flip the property as it is in a bad condition. 


What else are we missing? This is our first time to buy a property with tenants.

Update:

We have consulted with an attorney and got all our documentation ready for possible eviction as the tenants are claiming they will not pay.

Today, we both signed a voluntary termination of agreement to cancel the lease. We agreed to return their deposit and 1st month rent in exchange of no damage property and vacating in 4 days. They stayed free for 27 days. Way better than spending money for eviction (about $2k plus unpaid rent for all the months they can drag it out). We are exchanging cash for keys with a police officers for our safety.

Some lessons we learned from the situation and also from you guys:

1. DO NOT rely on Zillow background check. We got these tenants showing clear but we found from county records that they had an eviction. We’re going with a full on background check from now on, RentPrep was highly recommended.

2. Cash on meeting day 1 to see the property is not good. Contrary to what we thought, for tenants this is red flag. We thought this shows seriousness on the interest of the property but looks like they are running away from something or maybe also got kicked out. 

3. MTM is better for the “what ifs”. We thought the longer you can keep a good paying tenant, the better. These tenants were good for a day. They turned completely opposite the next day so we’re lucky to get out of this in 27 days. 

4. Do not agree to let any tenant in before finishing work on the property. These tenants begged to move in and “was okay” to finish painting. Nope! They used it against us. Asked for rent credit as they can’t use the entire house. 

We are very new to real estate and this is our 2nd property. Hard lesson to learn but we feel blessed to get out unscathed. 

Thank you to all who commented and gave sound advice!


We used Zillow to screen them. The background check and credit report came in. It looked okay on our end and something we could live with, but I guess we just have to be more firm next time. Thank you for the insight.

We were gracious to them and they stated that they needed to move out from their previous property, 45 minutes away, by December 1st or else they will be charged an extra month. You're right, I guess we rushed this situation just because we wanted to secure a tenant in immediately. We chose to overlook a few things in their records as well so we can help them in. But as they say, you give a person a hand, they bite the whole arm.

The MTM lease looks appealing in this case, most definitely. Thank you for the insight.

Hi there,

Just wanting to see what everyone in the Fresno/Clovis, California area is doing regarding headache tenants. I am at my wits end and just need to vent this out to the forum as it has been frustrating and stressful on my end.

Here's a not-so-quick background to this headache. We just recently accepted tenants for a property that we have in Clovis, CA and they are already becoming a problem, and it's not even a month. On our original posting on Zillow, the property was scheduled to be completed with renovations on December 15,  but when these tenants came and saw the property, they wanted to give cash right away as initial deposit because they liked the property. We were skeptical at first that they wanted to give a deposit right away, but we were also in a time crunch as to we needed a tenant secured before the 15th. We disclosed to them early on that there was still work needed to be done and full completion will be on the 15th, primarily interior painting. Since moving in, they have already pinpointed many things needed to be worked on, which we addressed as quick as possible, but I suppose they are not happy with workers still being in the house and some work that still needed done. They started calling us slum land lords and started accusing us of various things such as discrimination and numerous code violations that the property has. 

We did not force them to sign the lease agreement. They seemed like honest people initially. They even pinpointed that the initial lease agreement sent to them stated that utilities were part of the rent, which is not, and we apologized for sending a lease agreement with that error. So, we sent them a new one stating utilities are not included with the rent, and verified with them if they still wanted to proceed with the lease. We even offered to give back all the money they have already given. They stated they still want to proceed, so they signed the updated lease agreement. 

Fast forward to today, there have been numerous instances where they would complain about the smallest details in the house. The painters that we have had in the house finishing the job even told us that they were verbally unbecoming and, per their term, "crazy". There was even a point that our painters were already worried about their safety in the property because the renters were becoming verbally abusive. Our painter even requested a day off because he could not stand them. Poor guy just wanted to finish his job, but he got more than what he asked for. Since then, we have established that our communication will only be via email and text, and text messages are only for urgent matters, such as if the painters are coming in or if any repair personnel is coming in to address some repairs that they voiced out. We want all these situations documented as much as possible. The good thing, I guess, is we have a paper trail of all these conversations and if push comes to shove, we have documentation to prove the headache in this ordeal. 


So finally, the million dollar question, how do we get rid of these tenants? They have not completed the whole month yet have already been like this to us. In one of our text messages with the tenants, he even stated, verbatim, "you two can have this house back. This has (house) looks like a crack house and your trying to rent out like it's this mansion of (a) house...You guys are slum land lords". 

We corresponded via email continuously until last night and stated that we will still return their full security deposit, granting they leave the house in the condition it was in prior to moving (we have photos of the house prior to their move in) and pro-rate the rent based on the number of days they have stayed in the home, which was from the beginning of the month, once we agree on a date for them to move out. The tenants also stated they were willing to break lease and move out within 24hours if the full rent and deposit was returned, which is $5400. Are we approaching this fairly and legally?


If you've read through this post, thank you for taking the time to do so. As a newbie landlord, this is frustrating, but I certainly appreciate any feedback from this community. Thanks guys!

Post: Buying property without realtors.

Jims B.Posted
  • Posts 9
  • Votes 5

We are buying the property using Hard Money. We already have the funds and approval to proceed but we just need to do the transaction properly without the need of realtors. Thanks for the insight! 

Post: Buying property without realtors.

Jims B.Posted
  • Posts 9
  • Votes 5

Hello Everyone!

New here in BP and in need to get the perspective, and possible guidance, of more experienced investors. A neighbor in one of our rental properties is interested in selling their property to us but refuses to work with realtors to avoid further fees. How do we go about this process step by step? If this question has been answered somewhere in this forum, I apologize if I have not seen it. The whole interface looks overwhelming and I just thought to shoot my shot here first. Thanks everyone!