All Forum Posts by: Shelley F.

If he isnt on the lease, he is a sub tenant. If it were one of my places I would be taking some steps to get him on the lease asap.

I agree with the above, if it makes them happy and keeps them long term, re painting can be a simple fix. I usually begin with a neutral color, and only at a request will allow a specialty paint color ( i.e. brighter, very very dark, neon, red,orange) to be done at the tenants cost. I also require the paint to be returned to my neutral color when they move.

My only question .... is this young man (Im just assuming he is young) on the lease, or is it just in his aunts name?

Ill have to look into that!

 I knew that since she didnt follow through with the foreclosure it wasnt in effect "hers to sell", but somehow it got bogged down in the foreclosure meltdown here in California and she (the note holder) just got overwhelmed. I should mention that she was just someone with private money whom a lender could call and she could finance deals.

I realize it is actually still the property of my employee, and just want to do right by both parties.

Hi folks!

 I have not posted in a long time, but have been very busy with both my real estate projects (I consider myself an entrepreneur more so than an investor) and my family and 'real' job. My real estate projects are all the under 35k properties that need some help.

But I digress....somewhere along the way I met and was in effect mentored by a former mortgage lender and would call and ask him a lot of questions and get an unbiased answer. Then I started getting leads on great deals from him and rapidly built my (very modest) holdings. Im thinking that I see an avenue to streamline the next deal and save both the seller (the note holder) and myself some cash. Here are the facts as I know them (actual dollar amounts to follow) 

The property was defaulted a few years ago and tenants moved out. Place got trashed in the process and then vandalized shortly thereafter (this was way before I knew the seller or I could have helped them to secure the place) But seller never followed through on the foreclosure.

Fast forward to this year when I meet the seller and find out she never completed foreclosure, then to my astonishment realize that the folks who owe her...are some of my current employees! They mentioned this to me when I was talking with them about upcoming projects, and I realized that they thought the foreclosure was a done deal. They went through a tough time in the recession and I dont think are too worried about their credit score with yet another foreclosure.

So the note holder is reluctant to put out the extra cash to foreclose (I had no idea it was so expensive ) and to go ahead with my purchase this needs to be done. I mentioned a deed in lieu to her (note holder) as I thought I might be able to approach these folks and have them sign...they think the place is already gone (for years now) so might like a few hundred bucks to spend for Christmas. 

Im meeting with them next week...just looking for advice on how to approach them for a deed in lieu.

My thoughts are to offer them 300....through a title company of course, and maybe be able to go up from there.

I should mention that this is in California, I know both parties, and am looking for practical advice. 

Thanks in advance!

One more wrinkle...I was all geared to evict on the sub tenancy issue (my lease only allows it with written permission...but then I would go for a whole new lease)I find out the county has a professional mediator whole job it is to keep unlawful detainer suits out of the courtroom. So it would compound the drama.
Im told If I were to go to mediation they woul just tell me to try to be more accomodating.
Im preparing a letter (with help from an attorney, who thinks she is trying to get me to 'waiver' that clause in the lease) and I am telling her It is a violation of her lease and I will not allow it. And that Im seeking further assurances that it wont happen. Im betting she will come unglued and tell me off, and then I dont have to worry about mediation.

Thanks guys...Ive researched a bit this afternoon and I see a few flaws in the tenants thinking. (well, more than a few) and my research agrees with the above posts.
First of all she says I must comply with the ADA act of 1988...but all of my research shows these to apply to commercial buildings or public places. Not a SFR.
She says I must install a motion sensor light in an open carport...all I can see is rules regarding parking garages. Not private property.
She didnt mention the FAir Housing act (which seems more applicable) even though she says she has been consulting legal aid.
Fair housing says I must make 'reasonable accommodations', such as bending some rules, to assist a disabled tenant. It goes on to say that modifications can be at the tenants expense, not mine.
I also read a lot about section 8, and essentially the tenancy addendum has some rules, but these seem to reiterate the points in my lease.
Its just another chapter in her book of Drama. Im less impressed as time goes by!

I have a tenant who is, i think, trying to learn to be a 'professional tenant' and she wants to learn on me.
In just 5 months she has run off two handymen working on her place, called the cops on a friend of mine (I do not live in the neighborhood) and told the sherrif that yet another handyman broke into her place. (He didnt) Among other things, she now says that I must comply with ADA rules and (at my expense) install motion sensors in the open carport and install a ramp.
She is somewhat disabled, but when I see her she moves just fine and is not in a wheelchair but using a cane occasionally. I have not seen the cane...
This is not an apartment building but a mobile home in a small town and on a large lot.
The carport is open on all 4 sides.
Ive researched this and cant find an answer...
What Im seeing is that I must be amenable to allowing modifications, but it doesnt say that I have to pay for them.
This is a section 8 tenant who has also violated her lease by allowing an overnight guest for more than the lease allows. I was advised to send a letter stating that I will Not allow this, that is is a violation of her lease, and that I want further assurances that it will stop.
She will likely tell me off...and I will not be renewing this lease either.
Any inupt is appreiated.
TIA

Wow, when I read this post I thought it was for me! I have another thread about a section 8 tenant and her issues...now she is on to the water heater. Its new...and it works. Long story.

Yep...she wanted to 'repair and deduct ' stuff and have someone she knew do it and then take it out of the rent. I said, no way, I will repair legit stuff with a new handyman and pay them directly.
This morning the new handyman (actually it is a woman) called to tell me what she saw and said it was nit picky.
i said 'fix it' and we will move on.
Im planning to NOT renew her lease when it expires next spring. Reading up on Section 8 rules right now to be sure I do it right. This particular area is mostly section 8 now, but there must be some good ones out there. (Maybe their landlords are so happy they wont let them go :)

Update: I had the section 8 inspector out and made sure that I was there to go through the place myself. The tenants areas of complaints were largely centered around what he called 'decor' and not habitability. He found absolutely no violations. I didnt think he would, but with the volume of complaining I wanted to take care of anything that might be awful. I did notice that the place was generally clean. (this was in August) Recently the tenant asked me the results of the inspection and was actually angry that it had no problems! Seems that the shower surround is 'coming off' (her words) but when we were all in the bathroom inspecting that (the tenant, inspector, and myself) I dont recall seeing that...
I think what it boils down to is a personality conflict between her and my property mananger and I can see her point. So Im having a different Pm for now. Im hoping that it slows down the griping.