All Forum Posts by: Douglas Snook

The seller (and or their real estate agent) should be presenting the estoppel to the tenant as they know the info for each tenant. 

Also they should be signed by both tenant and seller (or management company that will also vouch for the info).

One more thought, check your local laws about having the tenants pay water. In MA it is unusual for tenants to pay water and it can only be done if certain criteria are meet. Been a while since I looked into it but as I remember it you have to have separate meters for each unit, low flow faucets and toilets installed and a certificate from the town water commission that the requirements have been met. (Probably missing something but you get the idea)

Also what is the custom in your area? What are the tenants expecting to pay for? If they have otherwise been good tenants you may just want to go up on the rent as that is what is usually expected and only switch to tenants paying water if these tenants leave.

@Erick Sembrano

If you are using any lender, in MA they will have an attorney that will close the loan (just one of the MA quirks) That attorney will review the title and let both parties know if there are any issues, that attorney will conduct the closing, make sure everything is recorded, issue title etc.

YOUR attorney will primarily negotiate the P&S and advise you.

Can they be the same attorney, yes. If you had an attorney that you worked with in MA you can request that the conduct the closing. Meaning they would also represent the lander (subject to them meeting the lenders qualification such as having malpractice insurance and being a title agent) (just another quirk in MA)

In fact you do not necessarily need an agent. If you found the deal you can deal directly with the seller or the seller's agent or your attorney can. But since this is your first deal (or if you already got one) then just go with it. I am not saying not to work with agents (the agent may be able to list the apartment for you or have an inside edge on who is a good contractor or electrician etc) In the future, if you find an off market deal, go straight to your attorney.

You may want to think about a lawyer to represent you to review and/or draft the P & S. Your real estate agent generally does not or can not help with that. 

How are you paying for the property? If it is a cash deal you definitely want an attorney to review title as well and issue title insurance.

Sorry to be a little late to the party. You can have a written month to month lease. It does not have to be for a year/12 months. If I read it correctly, some of the tenants have a current written lease? Can't do much until those leases expire. As for the one that has expired and no one can find it, should not be an issue. You send a 30 day notice that you are terminating the tenancy but can offer a new one at this rate and under these terms on a month to month basis. You can bump the rent and set out new terms, such as no smoking, no pets and no uninsured unregistered cars etc.

As each lease comes up for renewal you can change it over to your terms. 

In this current market why would you want to keep the tenant that has the unregistered car on the property? How much renovating does the place need? If you end his lease first and get him out is it so bad that you couldn't rent it out to someone else?

Bill Ward - My thoughts exactly. Is the mother a tenant now or is the son asking because she is going to have to live with him because of the stroke? If she is going to become a tenant then you might want to do an addendum to your lease.

An get everything in writing!

I presume the lis pendens is for a prior owner and not against you. If the foreclosure was done properly that should wipe out the lis pendens. (I am not 100% sure it does but I would think that if it did not then the foreclosure would not have been completed)

Just because it is wiped out does not mean it disappears from the title exam. When you go to sell, the buyers mortgage company will do a title search. They will see the lis pendens and they determine if it matters or not. If it does not matter, they will lend the money. If it matters they will be back in touch with you and let you know what they need to clear the title.

Speaking of title insurance, when you bought it, do you get an owner's policy? If you did and this becomes an issue when you go to sell, the title company will have to do the work to clear the title. I would think if you got title insurance this issue was already reviewed and taken care of or the company would not have issued a policy.

If you have not bought the property yet and simply doing your due diligence and noticed this, you may want to ask the auction company if there is title insurance available.

Go to a Lawyer ASAP. Not sure how it is in NY but usually if you give the tenant a 14 day notice, they have the right to cure, sometime even on the day of trial and you are stuck with them. Also there are many COVID restrictions still in place, like if they apply for government assistance, the case is stayed while the application is pending and then if you get the back rent and/or they get a stipend (or assistance) going forward you are stuck with the.

If there is no lease in place, then the thing to do is just give them notice you are terminating the tenancy, usually no reason needs to be give. If it gets to court you stating that you intend to live there could help you. Again, COVID may have impacted this route as well.

All the above is to show why you need an experienced landlord attorney who can navigate this for you.

I like the name. Not sure how many people would get the meaning of the name these days (in other words they may have heard the name but not know the story behind it). That may be your chance to explain company and what you do.

The motto is ok although I would try it without the  "distressed". I think it sounds more positive as "resurrecting neighborhoods one home at a time"

Just my two cents.

Best of luck!

You have a few issues going on here and you didn't do yourself any favors.

If both parties are on the lease, as long as the rent was paid, why would it matter that the boyfriend moved out? If the rent stopped getting paid, you just evict for non-payment. 

What kind of lease was it? Was it for a year or month to month?

What is a "lease termination letter"? Unless it is month to month you can't end the tenancy until the time is up as long as you are getting paid. (Unless of course all parties to the lease agree and sign it)

If you notified her you were terminating the tenancy at the end of August and she didn't move out, that is when you should have started the eviction process.

And if you notified her the tenancy was ending in August, why on earth did you send her a notice of rent increase? Especially since you say she is damaging the apartment and there is smoking and noise etc.

I think the best you can do now is send her a 14 day notice. If she pays the money though, the tenancy is back on and you may have to wait until February to evict if she doesn't move.

Sorry to be harsh.