All Forum Posts by: S Harper

Thoughts? I don't have anyone in property management to vent to on this, so mainly looking for AITA because I'm irritated by seller action.

I acknowledge that I am irritable with the seller side because of things that have been occurring, but still happy to complete the sale. Didn't think he could make new commitments on an 'as is' under contract property?

Our updated closing date is supposed to be today. 

They sent over some lease docs prior to going under contract. I requested a list of lease documents and information on 9/28. We reiterated last night, and again this morning, that we will not close without copies of the existing signed leases that list deposit amounts on 3 units that previously were just lease extension pages. They just sent over paperwork.

Previously for one unit/tenant they provided a signed renewal notice that had an end date of a few months ago. I told them that I need the original lease with the deposit amount listed so I know what was agreed.

Their agent just sent the original lease AND a new lease renewal dated Today that goes until 5/31, locking tenant in at an old, sub market rent.

Not going to pull out of the deal or freak out, but would anyone else find this irritating? 

Have you checked to see what the Landlord/Tenant resources in your state say is allowed for deductions? Colorado has some very specific guidance, hopefully your state does as well. 

I agree with everyone who said Everyone Over 18. One applicant looked fantastic. Their spouse, however - evidently they had been putting all of the utilities (and other accounts)in just her name. She had approx 10 accounts in collections (including utilities) with zero attempt at payment. 

Screen everyone equally and then make your informed decision. If you are uncomfortable with the screening costs I know Apartments.com only charges $25 per person, and the tenant can use it for 30 days and to apply to 6 properties.

I have a tenant moving and will be posting the property with extensive description and pics from the last vacancy. 
I am thinking of filming a walk through to provide when someone asks to see the property, but at what point are you having a physical walk through? It seems unlikely that they will want to wait until after they apply and I know that they qualify/are serious. Having someone walk through and tell me that they wanted something completely different - ex. with an en suite - after they have seen all of the pictures and descriptions was enough of a pain before the elevated health concerns was bad enough (and for some reason I get a lot of that with this little 1970s house every time it's on the market). 

If you are doing video tours - are you just doing Facetime? Or something more like Zoom? 

Thanks for your input!

Andrew, 

There is a ton of great advice already posted, so I'm just going to share that a similar situation happened to me in Colorado a couple of years ago - all around great tenant (other than moving someone in in violation of her lease) moved in her boyfriend without telling me. When she admitted that he had moved in they agreed to go through the application process. Before that happened he assaulted her (he was convicted over a year after the incident and is currently serving his 25 years before he can be eligible for parole). 

He had not submitted his application. He was not on the lease. However, he had established tenancy (by using the house address for his mail and his business) and turns out that he basically had all of the rights of a tenant without doing any of the paperwork.

The woman on my lease signed an agreement to terminate her lease because she didn't want to move back in after getting out of the hospital, but by the attorney's instructions I still had to go through an eviction process listing her 'and any other occupants' since he wasn't on the lease. The attorney said that if I were to move his belongings out of the property or change the locks without going through all of the legal steps it would be an unlawful eviction - even though he had never submitted an application and wasn't on a lease.

Obviously this was an extreme and unusual situation. 

Just an example that not having the boyfriend go through your application process and be on the lease isn't necessarily going to help you down the road.

Dan, 

I had a similar situation -  a tenant moved in her boyfriend while telling me that he wasn't living there. When she moved out, he stayed. I thought he wouldn't have rights since he had moved in in violation of her lease and they had lied about it, however, in Colorado he had "established residency". He had all of the rights of a tenant. Check what the rules are in Washington for establishing residency.

I had to proceed with an eviction of my tenant (in spite of the fact that she had already moved out) plus "any and all other occupants" to cover him.

Find out what your restrictions are so you don't end up with an unlawful eviction for someone who has established residency.

These two left a lot of belongings and garbage behind once they did move out. At the advice of an attorney, I had provided them notice in writing that they were responsible for the rent until all belongings are removed or until they signed a release stating that they had taken everything that they wanted, and that I was free to dispose of the remaining items. Good luck.

Michael, 

I am in Colorado and evicted a Section 8 tenant last year. I worked with her case manager to provide documentation of the substantial damage to the property, the 10 letters of HOA violations from the board, photos of people not on the lease living in the property and living in tents on the back patio. She stayed a month after her lease ended, so between eviction costs, loss of rent while she was overstaying and the substantial cleaning and repairs we lost several thousands of dollars. She still has her voucher and actually received a higher voucher amount when leaving the property.

Your area may handle it differently, but her eviction and violating her Section 8 voucher contract did Not result in her losing her voucher.

Best of luck.

Accidental double post.

Come browse BiggerPockets frequently! I have learned a lot from the resources here, the experiences of other landlords, and the comments the posts receive.  Ray Harrell and Jim Goebel gave great advice. 

Treat it like a business. Get a system going, keep up with it, continue to evaluate and improve the processes. We only have a few properties and I am still happy using Xcel spreadsheets vs management software/websites.

Figure out what your tenant screening criteria are and stick to them. If you haven't already, read the BP guide.

Rent collection - we have a pass through account at a big chain bank so tenants can either deposit in any branch or transfer the rent electronically. Our properties each have a different rent amount to make it easy to check on the 1st (eg property 1 $1595, Property 2 $1600).

Inspecting the property - I let the tenants know there is an inspection schedule to check the smoke and CO2 alarms, plumbing not leaking, mechanicals look good, etc. Gives me a chance to see the entire property and what's going on in there (unauthorized roommates, pets, one guy starting to set up a grow operation).

Document Everything and keep every email, text, and voicemail message with tenants/prospective tenants. Tenant had a situation with their unauthorized tenant last summer before they moved out. This March needed to go back to the communications from the previous tenant and their unauthorized roommate to answer questions from attorneys.

Minimize emotional involvement. Unfortunately, expect to be lied to. Be prepared for excuses. Be ready to enforce the lease, fairly, consistently, and in writing.

Ray Harrell said it right at the beginning, but it bears repeating - Always serve the notice. You can stop the process, but you can't go back and start it earlier. BP also has a guide to the eviction process that is full of good information.

Good luck!

I only have one property that has accepted Housing Voucher/Section 8, so I don't have as much experience with it as previous posters. This is based on my 3 year experience with one tenant in a condo (yard maintenance and utilities included), but hopefully the input is helpful.

My only issue with it - should you wish to not renew the lease, it can be difficult for the tenant to find new housing that participates in the program.  I gave the tenant 45 day notice, and it took her an additional 3 weeks (and an eviction judgement) before she was out. A fair amount of that was the tenant effort, but the representative also said it was due to limited supply. 

The initial inspection was easy. 

The annual inspection is also easy and the landlord can be present - the tenant's care of the property is also looked at. My tenant failed the first annual because of clutter and unvacuumed carpet, with a follow up inspection after 7 days. 

The annual forms are simple and take just a few minutes.

Any forms, notices, documents that you give to the tenant you need to provide to their program representative. 

In the county we participate in, they will only pay rent on the 1st of the month. When a current program participant is moving, they can only move on the 1st. New participants to the program can move in at any part of the month with prorated rent, but their next rent payment/lease payment date will always be on the 1st. 

Low inventory of homes in the program, so a lot of people looking for housing that participates.

You can look up the fair market rent for your area ahead of time, to see if it is below or in line with what things are renting for. In my county the published FMR is higher than the rents charged in the area (this unit is rented at competitive rates, not the FMR rate).

Don't count on the threat of losing benefits to help too much. The program rep unsuccessfully tried to be helpful with the tenant when they started violating lease terms.  The possibility of losing benefits was not motivating to this tenant. I was told by a rep in the office that people who are new to the program may be more worried about losing them.

Eviction proceedings began the day after the lease expired. Because the lease was not renewed, the program couldn't pay any portion of the rent. Despite violations of the program rules (additional adults living in the unit, unreported income to the program), multiple documented violations of the lease, 3 weeks unpaid rent during the eviction process, and providing post move-out photos of the extensive damages at their request, she did not lose her benefits.  

That said, that condo does still accept Housing Vouchers because that side of things worked well.