All Forum Posts by: Douglas Snook

I personally would not send out Christmas or Holiday cards to tenants unless I was a huge corporate type landlord and wanted to note that the management office would be closed these certain days (like Christmas and New Years Day) and what the emergency number might be.

What if you sent out Happy New Year cards? Also my business has been getting more cards at Thanksgiving, thanking us for our business over the past year (too late for this one).

What does the attorney who did the foreclosure say about it? If the attorney who did your foreclosure does not know, consult a bankruptcy attorney in your area. Although Bankruptcy is a Federal Law it does vary some what state by state with local rules and customs.

If you already foreclosed and all that paperwork is in order and filed, he does not own the property anymore and a bankruptcy should not effect you any further as far as that goes. It may stop you from an eviction but that is an other issue. Now if he were to bring a suit in state court that there was a wrongful foreclosure, that is a different matter that can tie you up (or at least it can in Massachusetts) 

That being said, in general, the court will not put up with a serial filer. I believe that there is something in the law that states the automatic stay is only good for 60 days if a bankruptcy is filed after a previous one is is dismissed without a discharge. That may be a local rule so again, check with a local attorney.

Lets start at the beginning. Did you know this significant other was going to be living there!!?? If not then what does your lease say about how long a "guest" can stay? This could be a lease violation and you may want to think about an eviction.

If she is a guest I don't think you would have to make accommodations. If she is a tenant then probably. This might be a lease violation.

Although you may have to make an accommodation for a service animal I would think they are still responsible for the damage cause by that animal. Usually you can't take the security deposit until they vacate though.

I would get it under contract ASAP BUT be sure to have some kind of inspection/escape clause. Then do the due diligence immediately (as was mentioned there could be city liens. You may or may not want to take the property and pay those off. If not that could be your out) If you are able to do the due diligence quickly, before the 90 days in your contract then have her do a Deed and record it. As was said previously, you may want to get and attorney involved to assist with the paperwork etc. Consider his fee the price of the house!

Good luck and keep us posted

Are you using a Realtor to purchase the house? There are several standard leases out there and the realtor may have one. There used to be a place in Boston that sold them and other real estate forms (can't remember the name of the place at the moment). Are you using an attorney to do the closing? Can he help you at a discount rate with a lease? If he does real estate law he may have a standard one you can use.

Although you said this is your first investment property, treat this as any other landlord tenant situation. If you are going to charge first/ last/ security you must follow the law! If you don't know what it is find out! You will need it later when you rent on the open market.

Even though you are renting back to the seller you will want to know who exactly is there, any pets, are they going to keep paying electricity, water, snow removal etc

Hi Jessica

I just sent you a private note (I hope) Please feel free to contact me. Happy to garb a coffee and see if we can work together.

Welcome Rudd!

Are you looking to invest in the states? If you have any questions about Massachusetts, feel free to contact me. I have some friends in the Netherlands and would be happy to help you.

WOW interesting topic. Sorry I don't have any exact answers for you but somethings to think about.

What is going to be a permanent change to your property and who is going to own what if/when the tenancy ends. For example, I presume the shower or widening of doors would be a permanent alteration while an outside ramp is something that could cover the stairs and be removed later on. Same with a generator, some wiring in the house would be permanent but the generator outside could be removed.

Who would own the ramp and generator and who would be responsible for their up keep and possible replacement?

Who is going to shire the contractor to do the work? Be sure any changes are indeed made up to code.

Maybe look at this as a  a build out type situation in commercial area. What is going to be come a permanent part of the stucture?

As far as getting hold of the nephew, can you check with the town hall and see where they are sending the tax bill and /or water bill etc.. Also try the post office to see if mail is being forwarded. They may or may not give the address (privacy and domestic abuse law issues) but if you give them a letter they may forward it for you.

I would also drop something in the doorway or mailbox. You might find several others there as well!

Good luck and keep us posted!

You need an attorney familiar with TEXAS probate/real estate.

Just some general notes based on MASS law - Title to real estate is considered to pass instantly at the time of death. If there is no will to say where it goes it goes to the heirs at law. In this case I would say the the brother and sister you mentioned. There could be more! Depending on the size of the estate, among several factors, probate may not need to be opened. The brother and sister could sign a deed as heirs and record the death certificate. If an estate needs to be opened, then someone is appointed the Personal Representative )thats the new name) and they may need authority from the Probate Court to sell the real estate and they would sign the deed.

As you can see you need someone familiar with Texas law to advise properly