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All Forum Posts by: William HooFatt

William HooFatt has started 2 posts and replied 13 times.

I was just wondering if anyone has been successful in convincing Condo HOA Boards to change the bylaws to allow MTR (Moderate Term Rentals)?

I have a nice hi-rise condo unit and I get tons of companies asking if I do MTRs for Visiting Nurses, Tech Professionals, etc.

My place is positioned near a number of large DC Metro Hospitals, but since covid work-from-home and recent lift of Eviction Moritorium, I have had few people with jobs, but a ton of people recently evicted looking to rent my place.

The one viable group - visiting nurses has been excluded because my HOA will not allow short or mid-term rentals (anything less than one year is a No-No).


They claim too many transient tenants cause excessive wear and tear on the property and too many people using resources like the gym, or pool or common areas.

I think that's a lot of horse waste!

I have a two bed, two bath.  The MTR agencies offer furnishings and decoration of the property.  They would only rent according to the number of bedrooms (ie., 2Bd means two persons).  That wouldn't stress out the resources anymore than renting to two people.  A traditional rental is likely two parents and two kids, causing four persons to live there.

My intent is to bring up a case to the HOA to allow MTR. I understand how short term, like an AirBnB might cause some issues. But MTR is win-win all around.

Any thoughts?

List Your Place - Travel Nurse Housing

https://www.travelnursehousing.com/ListYourPlace?utm_source=...

I think the nearest Hospital is 26-30 minutes away - maybe too far for a tired nurse to get off her shift and drive sleep.

Does the salmon run go thru that river in the fall?  Set up some bunks and a coffee maker, stock the fridge with some muffins and eggs and offer up as a fishing camp?  Maybe leave a kayak for guest to use (have them sign waivers in case of accidents).

Get some old furniture, some bicycles to loan and make a bed and breakfast!?

If you take them to court for violation of the lease (unauthorized long-term guests).  The judge may find in your favor, but give the tenant 10 days to resolve.

You go back to court, and tenant says she is no longer there.  Judge says fine and closes the case.

Girlfriend moves back in.  Go to court again.  Maybe second time, you get an eviction order. Not sure of California, in Virginia, it might take 3 months of back and forth court visits before everyone is out.

Maybe better to get everyone on the lease and assign clear, monetary fees in writing for violations. Like $100 a month pet fees, or $100 per month for anyone staying longer than 10 days.  But then, you have to inspect regularly and become the couch police.

My attorney was a PRO.  He would go talk to the deadbeat tenant about 10 minutes before the court hearings would start.  He would negotiate her to agree to some things.  Then, he went to the bailiff 5 minutes before the hearing started and ask to be put to the top of the docket and explained that the defendant had already agreed to some things.  

We would be the first ones heard, and out of there 10 minutes after the hearings started.

btw.  Tenant was evicted a few weeks ago.  City tried to negotiate some things with rent payment, but I was out of town in Canada.  They did not make an offer to pay rent/damages/legal fees before the deadline of the eviction.  Then, they made an illegal move to reschedule the eviction without my knowledge by convincing a police sergeant to change the schedule to two weeks later!

My attorney was livid!  I was talking to him long-distance from Toronto on a Friday Night.  He suggested I call the Sheriff Deputy who was my POC.  They called me back and told me they had corrected the error and would serve another notice to the Tenant within 72 hours of the eviction (Sat morning) and it would sstill go thru at the assigned date of Tuesday.

Tuesday morning 30 minutes before the eviction,  I was driving to the unit as the Sheriff had instructed me to bring a locksmith the break the lock - in case the tenant had changed them, then change the lock as soon as the Deputies had cleared the unit of people.  The City worker called while I was in transit and asked me if I would accept payment and let the tenant stay... <Spider Sense Tingling>  I said I would have been happy to accept a reasonable payment from the city if one had been presented to me by the deadline - Sunday (48 hours before eviction by law).

She seemed smug and told me the eviction had been rescheduled to the following week.  I told her that was a mistake.  The eviction is still scheduled to within the hour.  She grew stern and told me "Only the Sheriff can do that!!  Did you talk to the Sheriff's office!?"  I said YES.  She was without words and I said Thank You and hung up.

The Deputies were delayed and apologized for a conflicting scheduling error, they also had 17 evictions slated for that day.

Five Deputies followed me to the elvator.  My Tenant happened to be getting off.  Uneasy, as we all crammed in.  Nice Day!  I chimed to the group as we went up.

Tenant said she was told it was rescheduled.  Deputies said she had been notified Saturday.  She hadn't even started packing.  

Deputies gave her social service number to get a room and storage somewhere.  She had until 5PM, and I was to lock the doors and re-open at 8AM the next day and give her til 10:30 AM to finally lock her out.  If anyone stays beyond 10:30 AM I was authorized to call 9-1-1 and someone would be there to arrest Tresspassers.

I actually gave them til 7:30 PM the first night before locking the door, and then I even came early to open the place up at 7:30.  Final lockout came at 10:36 AM as she was still trying to pack a box.  I kicked a box of dishes out of the kitchen and locked the door.  Total still owed $13,600 (rent, late fees, legal fees) and $550 for the locksmith.

Place reeks of pot, she had her adult son, who by the paystubs left behind only made $152 a month and spent his days laying on the couch (which reeked of pot) smoking and playing x-box (abandoned and power supply cut up).  Hookahs, bongs, and roach clips everywhere.  Beds disassembled and missing parts, two sofas left in the hall which did not fit the elevator (I brought a chainsaw to cut them apart and drag them down to the dump area).  Closet full of clothes left behind - (now donated to Goodwill), Kitchen appliances (donated to Goodwill).  Place is in general good condition other than the persistent stench of pot.  Using ozone generator to remove smell.  Cleaning carpet and paitning is all that is needed.

btw.  My Lawer was livid when he heard they tried to entrap me by calling the morning of the eviction and getting me to some agreement.  I gave him the name of the city worker and number.

Yes.  Learned a lot.  Key in having a good attorney, he was very good at expediting our docket to the head of the line.  Often, court started at 9AM and we were out by 9:30.

Thanks All.  I got a great attorney.  Signed some agreements where it looks like I should not talk about the case on public forums til it is done.

He found some things and made adjustments for what appears to be an outcome in my favor. Will discuss after the dust clears, or at the DMV REI Meetup - I just found out about this event, so I'll check it out.

Next one is coming up July:
DMV July REI Meet-up! (biggerpockets.com)

Quote from @Daniel Amsalem:

I love your due diligence. I did not know about the Tenant's Rights and Responsibilities form. I'm going to be looking into whether or not I got this signed by my tenant.

If you can, please share updates as they happen!

 This is a good resource:

https://www.alexandriava.gov/sites/default/files/2023-12/202...

...and this is the Tenants Rights information and form you have to provide to the tenant and have them sign.  If they refuse to sign, there is a checkbox for the Landlord to indicate that and document the date you provided the information.

https://www.dhcd.virginia.gov/sites/default/files/Docx/landl...

My future leases, I'm going to offer this up BEFORE the lease signing.

Post: Curious as to what to do as a landlord

William HooFattPosted
  • Homeowner
  • Posts 13
  • Votes 13

First - Is the door currently secure?  Can I just push my way in and rob the place?

If not, get someone to put a temporary fix or something.  Some plywood bolted on the front and a repair of the frame?  My guess is the building maintenance manager might be able to do this for a fee.

If the Condo Assn or insurance will not cover.  You may have to pay out of pocket.  This could be a short term hardship.  Keep all receipts and submit with your taxes as a business deduction

Assuming you make over $3000 in passive income, you can probably deduct $3000 as a passive expense.

That's how I look at it.

Quote from @Kyle Wheeler:

Wow, I did not know the extent of the situation!

Volunteer group to coach tenant's!!!

Sounds like they are very pro-tenant up there! I would at least talk to a lawyer and get their opinion, I am sure there is someone who will take your case!

Good Luck with everything!

 Thanks!  

The City has an "Eviction Prevention Task Force" which includes Judges, Attorneys, the Sheriff's department and non-profit groups and churches.  They stick to the letter to the letter of the law, but I see how things can be dragged out.  It makes the Mayor look good I guess to reduce homelessness that way.

I wonder if the Tenant can be charged with perjury for lying? Saying they disagree maybe the way to avoid flat out lying and saying "No" when the judge framed it as, "Do you agree?  Or disagree?".  Rather than "is it true that you owe back rent?  Yes? or No?"

Thanks Gino!

Wow! Well, I'm not an LLC. I did see one course in the Virginia court database where a Landlord represented themselves and it looks like they got a favorable judgement easily. So, I feel a little better.

Yes!  And I am required by law to point the Tenant to Legal aid resources and must have a signed affidavit by the tenant indicating they have received it.  The form, does have a checkbox to indicate if the Tenant refused to acknowledge receipt of such information/resources.  So, we are somewhat covered.

My employer has an Employee Assistance Program that includes some legal help.