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All Forum Posts by: Yan Yan

Yan Yan has started 10 posts and replied 34 times.

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6
I missed your last sentence. no, in NJ, the highest deposit you can ask for is 1.5 months by law. I can't go higher than that.

Originally posted by @Mary M.:

I would just be honest and open and explain to him your questions and concerns. Obviously if they are a going concern with their restruant they are at least paying rent there. 

You can for sure rent to a business, but as the owner he would be signing anyway. Tell him you want to rent to him but you need a bit more assurance that the rent will get paid. Perhaps ask for a larger deposit? 

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6
I think this makes perfect sense. I will ask them to see whether they are willing to do so. if they are not going to late paying rent, they probably wouldn't mind.

Originally posted by @Mary M.:

I would just be honest and open and explain to him your questions and concerns. Obviously if they are a going concern with their restruant they are at least paying rent there. 

You can for sure rent to a business, but as the owner he would be signing anyway. Tell him you want to rent to him but you need a bit more assurance that the rent will get paid. Perhaps ask for a larger deposit? 

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6
that makes sense. thanks for providing other possibilities.

Originally posted by @Mary M.:

Also, restaurants do change hands. So it could be that he, as the owner has only rented from the Ll for 2 yrs while the restaurant has been there for 3.5 years. Not saying that is the case, but there are other possibilities besides someone lied- i would just ask for clarification. 

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6
I have a few, but this one might be the best so far...

it's very difficult to make a decision on any of these "hard" numbers (and I find out this is the usual case in my neighborhood, they are hard-working people, but they don't have huge W2 income).

That's why I am looking for alternative solution: is it possible to put their restaurant name and their name on the lease, so that if they owe me the rent, at least I have something to go after?

Originally posted by @John Teachout:

Sounds like a tenuous situation. Is this the only potential tenant? I think I'd keep looking. Stick to your processes. Sounds like this potential doesn't meet your criteria. ie, screening issues, no proof of adequate income, etc. Don't do something you'll regret later.

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6
winter is not a good season for rental. not a lot of applicants :(
Originally posted by @Jeff Willis:

Move on to the next applicant.

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6
yes, I did manage to get their PnL and 1040 form. I also called their landlords, both current apt and for the restaurant. they said good things about him, if they are real landlord. the reason I said that was because they told me they rented the restaurant for 2 years, but the landlord said they rented it for 3.5 years.  

Originally posted by @Mary M.:

i doubt it. if this an owner of the restaurant? If so you could ask for a copy of his P&L , call his last LL and possibly ask for a couple vendors for references. 

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6
I have the same question: 

there must be another bank with their deposit. it's hard to imagine that they keep all the cash in the restaurant overnight. but they offer only one bank statement.

Originally posted by @Theresa Harris:

@Yan Yan  Even if they use cash, if his business is making a profit, the amount in his bank account should increase.  Where is the rest of his money?  Does he spend it as fast as he makes it?

Post: can I use tenant bussiness income as protection if they don't pay

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6

Hi BPers,

I have a potential tenant, no SSN (but has ITIN), credit score 653.I was told that without SSN, NTN background check will not return any useful information, is this true?

He showed me the most recent 3 months' bank statements, with balance much lower than my rent, his explanation is that as a restaurant owner, they use cash a lot and does not use banks often.

Given that I don't have enough information other than my gut feeling, I am thinking is it possible to add a term in the lease, say, if they don't pay the rent on time, I can use their restaurant proceed to pay rent due. Does this term help enforcement if we go to court?

Thanks for sharing your thoughts!

Post: Final steps of early termination before the tenant moves out

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6

Hi BPers,

I have a tenant who wants to move out in November for personal reasons while her lease ends in June 2020. 

Here are the steps I can think of before she moves out. Can you please check and see whether I miss anything?

  1. 1. Request official move-out date in written. She told me a date in email less than a month ago, which we put in the listing. Only to find out last night that she plans to move out on a different date.
  2. 2. Text, email and send her a letter to remind her that by law she is responsible for paying the rent on time until the lease expires. Security deposit cannot be used as the rent for the last month. If she doesn’t pay the rent on time, it will be treated as late payment and will trigger late payment procedure defined in the contract. After the new tenant moves in, the current lease terminates officially. She no longer pays the rent after lease termination. Remaining balance of the rent will be returned to her. Both parties sign the letter.
  3. 3. The tenant should facilitate the showing of the property in order to reduce the loss due to early termination.
  4. 4. All the small fixes she plans to do should be done before the move-out walk through. 
  5. 5. We will conduct move-out walk through check right before her moving out, document the move-out conditions and both parties sign. 
  6. 6. Return all the keys, including the copies she made.
  7. 7. The tenant is responsible for paying her utility (gas and electricity) bill during her stay, even though the bill arrives after she moves out. 
  8. 8. The tenant is responsible for closing her utility accounts at this address, including but not limit to gas, electricity, TV subscription. She should also forward her mails to new address. Give me the new address in case of emergency.   
  9. 9. Depending on the move-out condition and the rent loss due to this early termination of the lease, full or part of security deposit will be returned to the tenant within 30 days of the current lease terminates (defined in step 2).

Post: optimize money in different accounts to buy different properties?

Yan Yan
Posted
  • Investor
  • North Bergen, NJ
  • Posts 40
  • Votes 6

thank you all for answering my questions. I guess I should do a better job to explain my question. 


this is a hypothetical example: I have all the accounts I mentioned above: old 401k, current 401k, Roth IRA, personal trading account. let's assume the money parked in these accounts are roughly the same. if I want to use self-directed IRA to invest in real estate, I can roll money from my old 401k and Roth IRA.

now let's assume I find two properties, one is cash flow property, the other one is appreciation bet. I like both, I want both to be in my portfolio, so I am diversified. my question is: given that I have multiple properties I want to buy, and given that I have money from multiple accounts, how do I best match the money and the properties so that I can maximize the tax benefit, as well as cash flow needs? 

thru self-education, I think it's better to use SDIRA(rolled from my ROTH IRA) to buy value-add property, and buy cash flow property using my bank account(as I need to have stable cash flow that I can use on daily basis). but I don't know whether my answers are correct or not.