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All Forum Posts by: Stephen T.

Stephen T. has started 5 posts and replied 18 times.

@Rick Bassett Thanks for your reply. I missed on earlier read somehow. I've just copied into evernote word-for-word

@Chris K. - I see your point given how I stated it. I wasn't ready to make a call at that minute though, so not sure how I could have dealt with it better. Any suggestions for next time? or should I just have been better prepared to make the call?

If she had called back and not launched into a tirade, I would like to think I would have been able to explain on the spot that I had made my decision and would be proceeding with the lease.

But she flipped out at me ... Not sure I'd go as far as bipolar as someone mentioned earlier - it was more arrogance and false bravado than "crazy". I couldn't get a word in edgewise.

It was seeing the true colors that made this an easy decision to just let it go - technically I could have kept a month as the non-refundable deposit, but I don't think the headache would have been worth it.

Hi @Marcus Maloney

Yes - credit was borderline (just above 600 score). Background was clean.

Some missed payments around the time she was going thru divorce, but timely payments before and since. High balance on a student loan - she's currently taking evening classes. I thought the story all checked out.

Tons of great responses and info. Thanks so much.

Well... the decision ends up getting made for me - by the tenant.

First, a few people asked whether I had a previous landlord reference. She put on her application that she owned before renting - and has been renting due to a divorce about a year ago. This all checked out with info on the app and public court records. So I didn't have one.

Back to the story - along the lines of what @Steve Babiak suggested, I politely confronted her with the information, and allowed her to explain. She tells me that when she told him she was not renewing the lease, she wanted to know how quickly she could get her deposit back after moving out (@Justin. - I get your point that it's a lot of money to come up with). Apparently, landlord told her that he doesn't have deposit and wanted to know if she would be ok just applying it to rent - and they had a verbal agreement to proceed this way. The tone of her voicemail was due to being surprised and upset that she was going to get the notice to pay or quit when they had an agreement. She then goes on to tell me -since he has no problem defaming her character - that he has a substance abuse problem and has a tendency to forget conversations. Not mentioned in first post, but getting the scoop on tenant came over the course of multiple interactions - that were strangely repetitive and rambling at times... and he has since called back and left messages wanting to talk about it some more - that the rent was often late over the last year- why the glowing rec then??

So they've each made their case and it's now the classic "he said, she said". Since I have met tenant on multiple occasions and given that I have her 2 months rent + SD money, and the current landlord integrity is somewhat in question as well I'm inclined to proceed with the lease.

However, I wasn't ready to make up my mind on the spot - I told her that I wanted to think it over (meaning: wait for some of your great responses on BP) and I'd get back to her the next day with my decision. She seems ok with this and we hang up.

Less than 15 minutes later she calls me back - ironically interrupting a sentence speaking with my wife saying that I think we should give her the benefit of the doubt and keep her. Now she launches into a rambling tirade (same tone as that nasty voicemail landlord played me) and says that this whole situation has left a bad taste in her mouth and that my lack of professionalism (?) has made her not want to rent my place anymore (!). Totally didn't see this coming - I guess she expected me to make a snap judgement (btw - this was at 11:45pm)...

She wants to know if I'll return her money - I have a hold deposit agreement that says if she wants out that the one month hold deposit she paid is non-refundable. Seeing the pending potential nightmare tenant situation looming, I decide to cut my losses and let her off the hook.

I go to the bank, get a cashier's check for the full amount, make her sign an agreement noting that it is she who wishes to no longer rent the property, and I'm now looking for a new tenant.

Sorry for the long post, but you all were so helpful I felt the full explanation, and any post-mortem analyses from the great folks here, might be helpful to others who may stumble across this in the future.

PS I already have several other interested parties and one showing today - actually decided to increase rent by $50 since I had so much interest previously and the repairs have turned out nicer than expected and it's not the holidays anymore - I'm feeling ok that I made the right call.

Hi

I have a renter lined up for my first rental property. At the beginning of January during the screening process, we spoke with current landlord and he gave a very positive recommendation for this tenant - pays on time, very clean, kids are great - she's a good mom keeps them in line, sorry to see her go, etc.

This evening I get a call from current landlord that tenant has not paid January rent and that he's just posted a quit notice for the nonpayment. The other day he tried to call her to give her a chance to rectify before posting the quit notice, and she responded to him with a nasty voicemail (he played it for me) explaining that the house will be returned in perfect condition next week, to take her security deposit to cover January, and not to harass her any further. He didn't need to tell me this, but he feels betrayed after giving the positive recommendation.

We have not signed the lease yet, but she did give us first, last, and security deposit the other day - we were going to sign the lease that day but I had something come up and my wife didn't feel comfortable signing it without me there (both of our names are on the lease as landlords). I have started getting notices that she's setup water, electric bills to her name starting next week. We're supposed to meet tomorrow to fully sign the lease and hand over the keys.

What would you do in this situation?

Steve

@Kevin Dickson

On your note about small claims court - I just rechecked my purchase agreement (standard PA realtor association contract) and it has as mediation clause... so I guess I have to go that route before pursuing legal action. Hopefully it doesn't get that far (see previous post), but thinking ahead, has anyone ever been forced to go to mediation over a sales contract (or for another RE dispute)? How did it work out for you? Was it expensive? Did you have to pay up front?

Thanks to all for the helpful and timely advice. Will get a bit more agressive with the title co and see where that gets me. Heading over later this afternoon with the backup documentation.

Will post back with updates/resolution.

Hi BP,

Long time lurker - great site here. I'm a newbie investor, currently about a month into my first property "adventure". This site has been a wonderful resource working through the entire process. Haven't posted much because I've been able to find just about everything I need on the site already.

Here's my situation - and I can't seem to find anyone posting a similar issue previously.

Sale price: $98K

Seller agrees to pay 2% of closing costs: $1960

Seller agrees to pay my half of transfer tax (1%): $980

Total credits from seller: $2940

Net price after credits: $95K

I ended up for the first time in a situation where we didn't get the HUD-1 the day before (I have purchased/refinanced my own homes several times over the years and always had it at least the night before). For this deal, first time I see the HUD-1 is at the closing table - I wasn't happy about it - perhaps I should have delayed closing to review, but closing was on a Friday during the holidays, and I had the weekend blocked off with no distractions to get started working on the property, and well... here we are... I know you're supposed to review the HUD-1 until you're blue in the face, and then review it again - I did. I actually pointed out that there was a $980 in my column for the transfer taxes that should have been in the seller's column. I'm told not to worry by my mortgage broker, since it was credited on the front side of the form. However - and here is my mistake - the number was flat wrong and I missed it. It should have been $2940, but instead was $1960. My wife missed it. My realtor missed it. Mortgage broker missed it. The closing agent obviously missed it, but he was not in the room when I brought it up.

Fast forward 1 month after closing - after busting my tail working nights and weekends over Christmas and New Years I have the place rented out - and now I'm going over my budget numbers and they aren't adding up - I'm about $1000 over. Turns out, this shortfall was because I payed half of the transfer tax ($980) and was not properly credited for it on the HUD - the seller got this money.

So - after the long intro - here is my question:

Has anyone had any success after the fact getting a seller to correct an error like this? How did you go about it? Any legal issues to think about?

Did sellers pay up after the fact? or were they greedy and keep the money they weren't really weren't entitled to because of a mistake in accounting?

Did anyone ever have to sue? (eg, small claims court or other)

I spoke with the title company and they said to contact my RE agent. My RE agent believes me, but wants to check over the paperwork himself before he reaches out to the seller's agent - currently waiting to hear back from him.

$1000 bucks is not a trivial amount of money - so I don't want to just "let it go". I understand that I might just be chalking this up to the price of experience, but I would love to get the input of the folks on BP who have actually been through a similar situation.

Thanks in advance,

Steve