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All Forum Posts by: Shane M

Shane M has started 25 posts and replied 105 times.

Post: Landlord failed to return deposit or send receipt

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

Does the LL have to show an actual receipt or estimate for repairs? Or would they only have to show that if you took them to court?

In the case of the faucet, one of the nobs was busted off, he didn't specify whether the cost was for the replacement hardware or labor. But then again, does he have to?

I don't know if this is true or not, but since he didn't send me written notice (except via email), there may be a law in Michigan that if he waits beyond 30 days to notify the tenant that he is keeping or not keeping any of the deposit, it gives the tenant some kind of recourse. Have you ever heard of that?

Post: Landlord failed to return deposit or send receipt

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

I mean certified + regular mail.

Post: Landlord failed to return deposit or send receipt

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

One option I see is this:

1) Send Certified/Regular Mail stating that I haven't received my security deposit deposition
2) File a suit in small claims
3) Bring proof, etc
4) Win by default if he no shows or by providing evidence

I guess there is no easier alternative even if he didn't send me the receipt?

Post: Health Savings Accounts

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

Interesting, I suppose after you cancel your High Deductible plan they wouldn't have any way of knowing, assuming you had one when you started. However, it seems like a loophole that they would fix quickly, but how I wonder?

Post: Landlord failed to return deposit or send receipt

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

This is for a business lease. We leased a building for two years sent email/called about terminating our lease in May this year and we paid our last rent check via certified check in June (for June).

We attempted to contact our landlord via email and phone after 30 days and multiple times after that when we received no notice of our deposit (either that he was keeping any of it or not). We expected him to keep some of it for some minor repairs.

He just recently sent me an email with some vague numbers like "the faucet was broken", $89. Not at all itemized and summarized it by saying "It would be great if you paid me the remaining amount due for all the repairs, but I don't suspect you will". So this is the "conclusion" that the total amount of repairs exceeds that of the deposit.

I haven't responded, and don't see any value in doing so, it isn't for very much, but it would be worth the experience to go through the filing process from the tenant side.

It looks like if he didn't return the deposit or send the receipt of damages and the charges corresponding to the damages then he forfeits the deposit all together. Because truly the deposit is the renter's money unless they damage the property and the law requires the landlord to report the damages (so you know the landlord isn't a sleaze bag). This is a small time landlord too, so I don't think he put it into a proper escrow account either.

Any advice or input?

Post: Health insurance

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

Check out Will's other thread for more info on HSAs:

Here

Post: landlord controlled thermostats

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

Exactly what I was thinking, even a small electronic that puts off heat can trick most basic sensors. You could get clever and hide them in strategic locations, but the truly determined will ultimately find them anyway. Plus what's the problem with getting the tenant to pay anyway?

I guess you could build in some kind of fee or penalty if you catch them messing with the sensors, but it probably wouldn't be worth the hassle.

Post: Health Savings Accounts

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

I currently have an HSA and it keeps my premium very low. I was not aware of the ability to use it in conjunction with RE, but it is a great program in its own right.

I'm not sure how the whole self-directed account thing works, is the self-directed part the HSA itself or do you roll the funds into another account through which you purchase RE?

Or would you be investing in your company that is purchasing the RE via the self-directed account?

Post: Evicting existing tenant no lease

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4
Originally posted by MikeOH:

I would suggest a full length mirror if you want to watch your backside. However, I don't really know what that has to do with real estate investing.


I'll remember to avoid the rear-end expressions lol
Originally posted by MikeOH:

You would evict them using exactly the same process as any other tenant in your state, assuming you have grounds to evict them. Not having a lease is considered a month-to-month tenancy in most states and that is not a reason to evict a tenant. If you want to get rid of them, give them the appropriate notice that their tenancy is being terminated.


That makes sense, I guess I had my head up my *** on that one... there I go again!

I've learned that the owner of the property was "set up" with their current tenant via their real estate agent. And they are re-listing the property for the same price since they had it previously. They are now trying to pass it off as an income property at 450/mo without a qualified tenant. If I can just get them down to 15K....

Post: Evicting existing tenant no lease

Shane MPosted
  • Real Estate Investor
  • Ann Arbor, MI
  • Posts 130
  • Votes 4

I would also qualify the tenant via credit reporting and income verification.