Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Tim Swierczek

Tim Swierczek has started 12 posts and replied 1454 times.

Post: Group home rental in Minnesota

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617
Quote from @James Hamling:
Quote from @Mitch Seiffert:

I have a single-family house in Minneapolis that I've been approached by a couple of parties interested in using it as a group home. Right now we're inquiring with our insurance provider to validate proper coverage, checking with our rental license if it covers uses like this, and working through what a lease would look like.  Any recommendations?  Is it common to charge more? What kind of lease provisions?  What pitfalls are their to watch out for?


I have leased to several of these. 

It's gone through a bit of a fad-craze so I'd say first thing to look out for is vet'ing the credentials of them, there business. Are they a start-up, do they have any operational, how do they do at it, etc etc.. 

Next is regulations, checking with city to assure it's legal to do. 

I don't check with city for them, I put it on them to get me confirmations of licensure and viability for it. So they they have to submit proof to me of there licensure for it, and that they know the licensure for it all. 

Rents, yes 100% I do adjust billing and it is above standard tenancy rates because they are doing it for business revenue. 

I do the lease as a lease with rights to sublet. So we are leasing to that business, with guaranteed signors for that business. 

I often require a different security deposit. Each situation is unique, if they need to make modifications to the property, for example adding wheelchair ramps etc., I look at worst case of what would it cost to roll-back all changes and add that in. 

I also don't do anything less than 3yr lease terms. 

If it's an entity I've worked with before we may jump directly to the 10yr lease but generally I start at 3yr, and at each review we consider term going forward. 10yr is ideal. 

All maintenance is also on them. SO lot's of language on this aspect. The only thing we cover is main components, HVAC, roof, siding etc.. They cover all appliances, flooring, all those use components that can and will experience wear and tear. 

I find it best if you approach it thinking it's more-so a commercial lease done in a residential asset. My leases end up looking a lot more like a NNN lease than a standard tenancy one.

The pitfall potentials are many, and most speak back to neglect in process. Not defining a certain aspect at start, assuming, these are the major pitfall potentials. Assume nothing, detail everything, and I do mean everything. 

And thoroughly vet the company and operators. Your making a bet on them, that they can operate there business well and thus, will be good tenants. 


 Great post as usual

Post: Minneapolis Multi-Family Market Data Deep-Dive

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617

Reminder of tonight's Minneapolis Data Deep Dive

We have analyzed 445 2-4 unit transactions over the last 12 months in Minneapolis and will share our insights with you tonight. Adam will also show examples of successful multi-family purchases in the last 12 months. We start at 6 PM. Please RSVP on Meet-up so we have a head count.https://www.meetup.com/real-estate.../events/305782198/...

Post: Maui transplant in Minneapolis - West Metro

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617

@Jesi Young I like the tone of your post. I can feel that you have embraced the move and change. if you want to meet some local investors there is a meet-up next Tuesday. it's posted in the classifieds. I can't post info about it here. It would be a good way to start networking. PM me if you want info.

Post: Minneapolis Multi-Family Market Data Deep-Dive

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617

In December, we analyzed St Paul by the neighborhood - price-to-rent ratios, appreciation, etc. Now it's time for Minneapolis!

We are in the process of analyzing just under 450 multifamily sales over the last 12 months in Minneapolis and at this meet-up, you will learn all of our insights and get a chance to ask questions. We will also provide some examples of cashflowing properties purchased in the last 12 months in Minneapolis.

This will be a classroom setting at BRIX Real Estate on West 7th St in Saint Paul. Adam Tafel and Tim Swierczek will be your presenters. Food and drink will be provided!

This meetup subject will have a podcast and spreadsheets to accompany it - if you haven't already, check out the show "Twin Cities Real Estate Investing" anywhere you find podcasts.

In the future, we plan to do Twin Cities surrounding suburbs and we will break that up into 2-4 areas depending on how the data and geography pan out.

Post: Using FHA Construction to House Hack?

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617

@Hudson Filippi What part of Northern MN do you live in now? Typically when people graduate they look for a job and move to the area of the job. If you stay in Northern Minnesota you could look to locate closer to Duluth which has a large supply of duplexes at prices much below $500K. Otherwise, you could network with a local Realtor to your area and see how many duplexes sell per year within your acceptable driving radius. You may also be able to start sending letters to duplex owners explaining who you are and that you want to own and live in a duplex, etc.  If you're in Northern MN, there is a very good chance that the cost to build a new duplex exceeds the resale value, which would be an awful idea to build a new one.  Reach out if you want to chat.

Post: Looking For: Investor friendly agent with experience in the North Minneapolis market

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617

@Brandon Larson I know an agent who lives, invests, and breaths N Minneapolis. Her name is Liz Loveless. She is not on BP. Look her up and mention me or if you PM I can get you her contact info.

Post: New Investor Seeking Advice on Relocating and House Hacking

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617

@Tony Schmucker Now that you know all of those markets work from a Macro perspective you should look to see where you want to live for 2-3 years and what your and your wife's income will be in those markets. In other words if they are all acceptable places from an investing point of view, change your perspective and look at the other things they have to offer. 

I lived in St Paul for 19 years and now live in a suburb of St Paul for the last 6 years. It's objectively rated as a great place to live, but obviously you need to be ok with Winter. Figure out a way to narrow it down. You will always be able to find a place once you have a city.  If you do decide on MN, did a similar analysis as you a few months back in St Paul with rent-to-price ratios based on median price and median rents for each neighborhood in St Paul. HMU and I will share it with you.

Post: Understanding BP Lease Fields

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617
Quote from @Bob Avery:

Hey folks! 

I'm working on my first rental and trying to understand the best practices for how to use the template leases I can find. For example, below are three sections from the BP landlord forms lease. For (C) (ii), if parking spaces are "0", is "Identified as _____ and containing _____ parking spaces" left blank?

For (D), if I don't have a management agent, do I leave it blank? Put myself and my own address there? Delete it entirely?

For (G), what is the appropriate way to fill in those fields? Check marks / X's seems too ambiguous. Am I misinterpreting the purpose of the ___ fields, and they just mean "modify this in some way", and in the (G) instance the correct modification would be to delete the payment types which aren't accepted?

I understand the safest option is to have a lawyer review the lease, but I figured I'd try to answer my beginner questions here and not waste the lawyers time (and my money) on the "for dummies" explanation.

Thank you!

(C) As used in this Lease, “Premises” means that certain private dwelling residence situated in ________________________________________ County, Minnesota and having an address of ____________________________________________________________________________________. Along with the dwelling unit described herein, the Premises include the following: (i) _____ Storage Locker; (ii) _____ Parking space(s) (Identified as _____ and containing _____ parking spaces (also see Section 9 below); (iii) _____ Garage (Identified as _____ and containing _____ parking spaces and _____ transmitters (also see Section 9 below).

(D) As used in this Lease, Landlord’s “Authorized Management Agent” means ______________________________, address:___________________________,who is also authorized to act on behalf of Owner for the purpose of Service of Process and accepting Notices

...

(G) Acceptable forms of payment of Rent (including Additional Rent) are ___ personal check, ___ cashier’s check, ___ bank check, ___ money order, and ___ the following online/ACH payment methods ____________________. No other forms of payment will be accepted by Landlord.  


 It's safest if you use NA or --- in fields that don't apply. In fields it applies you put the unit identifier. For example, if they are getting Storage unit A, you put A in the blank.  If there is no designation I would use an X as you stated.

Post: Raising Money / How to Structure

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617
Quote from @Collin Luckett:
Quote from @Tim Swierczek:

@Collin Luckett

The answer to your questions is nuanced. This is for basic informational purposes I am not an attorney and this is not legal advice.

First, if you offer to purchase a property using a HELOC to fund the purchase you cannot later back out of the agreement because you couldn't find PML or investors. Most sellers only care if you close so you can usually use another form of capital stack other than what is on the agreement, however, the seller can force you to use the originally agreed-upon payment method. This is rarely an issue provided you still perform.

The raising money part is more complex. It depends on what stake you offer in the property.  The cleanest route but the least attractive method for most investors is to have the investor provide debt. In that case, they have no ownership only lien rights.  The relationship is straightforward and you don't need to know much else legally. I would get an attorney or title company involved to create your loan documents to ensure they comply with the law and cover all the aspects you need.

Another method that is likely your best bet to take on investors is to create a joint venture (JV). Under this method each investor has ownership and voting rights. You will need an attorney to properly structure the partnership and you will make sure you do it correctly. If you start a JV in name but do not give your partners proper control and decision-making rights and the deal goes bad you open yourself up to serious consequences which can lead to SEC violations with extremely high fines.

Lastly, you can offer the project up to investors who have no voting or control.  In this case, they get equity but do not make decisions.  Check with an SEC attorney to learn where this line is drawn. If you choose this method you will need to learn SEC money-raising rules. The short version is that you must have a  Private Placement Memorandum (PPM) to show your investors and you must decide upfront if you will only accept accredited investors or if you will allow investment from non-accredited investors.  This is very important. If you allow non-accredited investors you cannot advertise, or post looking for investors. You need to really learn these laws if you want to start a partnership where you make the decisions. 

@Tim Swierczek thank you, very good info! And in regards to getting educated on the the laws, I assume the best route is to link of with an attorney who has experience with these types of transactions? Anyone you recommend in Minnesota? We are in the brainerd lakes area. 

And if you go under contract as an individual, can you then JV with another investor or is it too late? I have something I will buy regardless of others' buy-in, but the way I see it working is I get it under contract, present my plan to a couple others who are interested and more experienced, they agree to partner and we complete the purchase together. Does that sound right?


Yes, you can add a JV partner after the contract. You can purchase using an LLC and then add a partner and the seller will never know or you can assign the contact to an LLC you control. If you are still a majority or controlling partner you will get no pushback. If you sell your full interest you may get push back but contracts in MN are assignable unless otherwise prohibited.

Post: Raising Money / How to Structure

Tim Swierczek
Posted
  • Lender
  • Saint Paul, MN
  • Posts 1,517
  • Votes 1,617

@Collin Luckett

The answer to your questions is nuanced. This is for basic informational purposes I am not an attorney and this is not legal advice.

First, if you offer to purchase a property using a HELOC to fund the purchase you cannot later back out of the agreement because you couldn't find PML or investors. Most sellers only care if you close so you can usually use another form of capital stack other than what is on the agreement, however, the seller can force you to use the originally agreed-upon payment method. This is rarely an issue provided you still perform.

The raising money part is more complex. It depends on what stake you offer in the property.  The cleanest route but the least attractive method for most investors is to have the investor provide debt. In that case, they have no ownership only lien rights.  The relationship is straightforward and you don't need to know much else legally. I would get an attorney or title company involved to create your loan documents to ensure they comply with the law and cover all the aspects you need.

Another method that is likely your best bet to take on investors is to create a joint venture (JV). Under this method each investor has ownership and voting rights. You will need an attorney to properly structure the partnership and you will make sure you do it correctly. If you start a JV in name but do not give your partners proper control and decision-making rights and the deal goes bad you open yourself up to serious consequences which can lead to SEC violations with extremely high fines.

Lastly, you can offer the project up to investors who have no voting or control.  In this case, they get equity but do not make decisions.  Check with an SEC attorney to learn where this line is drawn. If you choose this method you will need to learn SEC money-raising rules. The short version is that you must have a  Private Placement Memorandum (PPM) to show your investors and you must decide upfront if you will only accept accredited investors or if you will allow investment from non-accredited investors.  This is very important. If you allow non-accredited investors you cannot advertise, or post looking for investors. You need to really learn these laws if you want to start a partnership where you make the decisions.