All Forum Posts by: Steven Warner

Congratulations Aaron!   

Time to find more?  I bet it is!

May you continue to be blessed!

Steve

Jo: 

You can only charge what is set out in your lease or provided for by law.  

Does your lease cover costs of collection (Posting fees or service of a notice)?  Why are you driving to serve the letter?  Pay to have a local licensed process server to do the personal service stuff.  

Finally, without reviewing your lease I am only speculating as to what you can charge.

I hope it all works out for you. 

Steve

Ladarius: 

I am going to suggest that if you want a mentor that you offer up where you live and/or the markets that you have some knowledge to offer a mentor.  

While your motivation is clear, what might you be able to offer to someone willing to help you is not clear- mentoring is a two way street so both sides can benefit. 

Just my thoughts is all

Good luck

Steve

Robert: 

Here are my thoughts, there is "being right", there is "doing the right thing", and then there is the in between; let me explain.  

If there is no express provision within your lease agreement and no express law stating not to count holidays, then clearly you are "right" to charge a late fee. 

Then there is the "doing the right thing" where they are long term tenants, never have been late, are going to be tenants for years, and have apologized for their tardiness profusely; then maybe the right thing is to let it slide this one time.  Its tougher to decide what to do when the tenant is new but again apologetic to you for their tardiness, yet you see them as potentially as a long term tenant. 

So the question then to ask yourself is are you willing to be unforgiving about a "late fee" of $25, $30, or $50?  Does you being right mean you need or are squeezing every dollar out of the tenant so that they are out in a few months when the lease ends? (What are you repair/clean up costs, holding costs for a new tenant, advertising etc.. going to be once they move out? Because lets face it there is always a cost when the tenant moves out.)

So here is what I would suggest if the tenant is relatively good and might be a long term tenant, I give them the 

"As you are aware, your lease provides that rent is due on __ and is late on ___.  This done in conformance with State and local statutes (Not sure if you have these).  I did not receive rent within the required time frame therefore your payment on ___  was late and you have been assessed a late fee.  However, so that we will continue to have a strong landlord and tenant  relationship, I am going to waive the late fee for this occurrence only.  This is not to be interrupted as any sort of mortification or change in the terms of our lease agreement; rent will continue to be due on _____ and considered late on ______ and it will be assessed moving forward.  Should you have any questions, please let know. "

Obviously, if this is just another occurrence and they are playing games them hit them with it - I would. 

No matter what type of tenant they are, I would send something to the tenant regarding your assessment of the late fee or waiver so they are clear that you are the Sheriff in town and wont take to such shenanigans.    

Good luck 

Steve 

Samuel: 

All I see is a total conflict of interest and I personally would not allow or agree to such an arrangement.  Yes, a single agent can represent both sides or the same firm can represent either side - provided you agree to sign some sort of waiver regarding the conflict of interest. 

Think of it this way, if you were being sued and the suing side had representation and then you received a call from the partner of the attorney suing you would you agree?  If so- good luck but I would never allow two realtors or lawyers from the same firm represent me.   

Now I understand that others may actually do this in their practice but it is something I would strongly advise against.

Good luck 

Steve 

Hey Daniel:

I am in the Valley now so not sure if that qualifies?  Also I grew up in VTA on the plain...Now do I ? LOL..

I am open to meeting.  I do not know what I could offer since you clearly have it down with having 50 units.   

Keep in touch if you want. 

Steve  

Jennifer- 

I understand what you are trying to do- be a good LL - but you really should not do anything.  To do so otherwise can be viewed as an admission of guilty/liability.    I

And even if you do given them $$ I would have them sign a Release or at least acknowledge that the money you are providing is not an admission but is an accommodation during her tough times.   

And if you given the $200 then are you still going to pay $400- 600 for an attorney to draw up the release?  So now you are closing in on a $1000 - just to be a good LL for a tenant that is not taking responsibility for her own role in her "accident".  

No, I say give her nothing other than sympathy, "I hope you are alright",  for her "fall" until you are served or a demand is made by her or her attorney.  And even then, what are her real damages?   Not much I would guess. 

Steve

Hi Jennifer!

Given this, it looks like it comes down to tenant relations--- or shall I say "Are they worth keeping?"  

If they are work keeping then I might try to work with them some so that it creates a "win-win" atmosphere.  If you do something on their behalf or that was requested - I would make sure to get the request in writing as well as any response you offer in writing.  Protect yourself now even if they are "good" tenants. 

If they are not worth keeping then I would not agree to do anything.  Tell them you believe you are not liable for anything and while you understand that their injury may have caused them some difficulties, you are not responsible for those difficulties.   Again- in writing. 

If you go with the attorney, he is going to ask of you what do you have in writing regarding the injury and any agreed remedies.  

Bottom line is that while you think you may need an attorney, personally I would waiting until an actual suit/or demand for money is served on you.  

Whatever you do make sure it is written form. 

Good luck!

Steve

Karin: 

I would think it is time to make a "formal" demand for the removal/disposal of his personal property.   I would outline all that you have done to this point - including the lack of gas reimbursement- the work you have done while accommodating the pretense of his property but the time has come to for you to have the full use and enjoyment of your home.  I would tell him that is is difficult to have to take this position but given the lack of action o his part you need to do something. 

Take you time writing it and don't be afraid to take a stance that tell him he is a valued friend but things need to change.

I hope this all works out for you. 

Steve 

I am just going to ask a simple question here - Do you not have insurance? I would think you do and they should be made aware of the issue immediately.  

As far as the rate- for Texas I would think that is about right.   

Good luck

Steve