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All Forum Posts by: Robert Steele

Robert Steele has started 56 posts and replied 612 times.

Post: What is the best state to invest in?

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351
Originally posted by Will Barnard:
I love TX investing. While the prop. taxes are higher, the rents to acquisitions make up for that and I feel TX is a great cash flow state. Not only that, TX has several cities that rank in the top 10 in the COUNTRY for growth!

Yes and the Texas property code is very landlord friendly :clap:

Post: Mold

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351

Mold is overrated and is a great opportunity for the savvy buyer. I have rehabbed two mold properties. I would recommend not using a mold remediation company. They are a bunch of rip off artists. Check your state health and saftey codes. A lot of the time the homeowner is allowed to do the work themselves without any certification required.

Once your done then pay the $1K for a mold remediation certificate. This involves some photos and a few mold sample kits which one can normally buy from Home Depot and have tested at a lab for $60 a piece. But like I said, they are ripoff artists.

Post: landlord's will need to prepare 1099s

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351
Originally posted by Dawn Vought:
That would be good if credit card transactions were exempt, although I pay bills like Verizon's by check, but will start to pay by credit card instead if that's the case.

Can anyone confirm if credit card transactions will be exempt? I didn't notice it in the IRS wording but definitely could have missed it.

http://www.irs.gov/newsroom/article/0,,id=225029,00.html

Post: landlord's will need to prepare 1099s

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351
Originally posted by Bill Walston:
Originally posted by Dawn Vought:
Thanks for the clarification. For 2011, if I pay a contractor, for example, who is a corporation (and not just a sole proprietor) for some repairs or rehab work and the check is made out to the corporation, is a 1099 still required?

Not for 2011. Only payments of $600 or more to individuals will require a 1099. (An exception to this however is a payment to an incorporated attorney, which does require a 1099.)

If your phone is a personal phone you would not need to issue a 1099 as the requirement is for business to business transactions. As for Home Depot, unless the law is repealed, yes, a 1099 will be required.

I thought I read somewhere while researching this a few months ago that this doesn't apply to transactions involving a credit card. The rationale behind this is two fold:
1. They are really just trying to catch the small time contractors that don't report income and are enlisting your help to do just that
2. The government is already privvy to all your credit card transactions ...

If true this means you won't need to 1099 Home Depot or Verizon.

Post: Evicting the same tenant twice

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351
Originally posted by Steve Babiak:
In one training that I attended specifically focused on landlording, the trainer (who manages lots of units) indicated that whenever he started to evict somebody, he wanted to be sure he had grounds to carry out the eviction to COMPLETION - bad blood develops with an eviction filing, and the tenant develops a chip on their shoulder you might have to now deal with.

Good point and if true then they are not the only ones with a chip on their shoulder. I have one too.

Post: Evicting the same tenant twice

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351

Thanks for the input guys. Here in Texas I believe the law is a little different regarding accepting partial payments during the eviction suit. It doesn't automatically extinguish the suit like it does in other states. I say this not only from my own research but also from on the ground experience. The tenant in question gave me a few hundred bucks while we were waiting to go to court. She told the judge as much and it didn't make a difference.

I understand the comments about the tax return being a short term solution, but hopefully this was also a short term problem with all her business clients deciding to not pay her at once. As I said she has been there a year without any problems.

So as it turns out we collected all the back rent, late fees and court costs. March rent is due very soon and she says she will have the money for that. I think this whole experience has scared the hell out of her. Once we accepted the balance owing we went to the courthouse and released the judgment for monies owed.

Our intent at this point is to write up a new lease starting March 1st. I don't know if it is necessary but her lease is expiring and I think by having a new lease dated after the eviction suit will put her mind at ease that we are just not going to turn around a get a writ of possession without getting another eviction suit should problems occur again.

One interesting aside is that now she has an eviction suit on her record it is going to be hard to find another place to rent. We may have just locked in a long term tenant ;)

Post: Evicting the same tenant twice

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351

I just won an eviction suit to get a non paying tenant out of my SFH. She's been there for about a year paying rent. She is not neccessarly a bad person. She hit a rough spot where her clients where not paying her. Don't get me wrong. I have very little compassion for tenants who don't pay the rent.

Anyway, she got her tax return and now wants to pay all that is owed plus next months rent. I am willing to let her stay but I am worried that if I do and if I have to evict her again down the road that I may run into legal issues.

The issues being can I file an eviction suit against the same tenant for the same property twice? Does the eviction suit expire? Does it remain there forever and all I have to do next time is immediately get a Writ of Possession and have her our in a few days?

This is an interesting situation. I think she is silly for getting an eviction suit on her record now. She should have just moved out when I gave notice to vacate.

Anyway I would be interested to hear your opinions, legally correct or otherwise.

Post: The Top 5 Landlord Mistakes

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351
Originally posted by Justin Morgan:

-Choosing the first tenants that is "willing to pay" only to realize they really can't afford.

This is a good one. I have seen this play out second hand. Especially when the rent being asked is well above market. The future deadbeat tenant won't blink an eye and just agree to pay it. The future reliable tenant will negotiate a more reasonable price. I assume the reasoning is that deadbeat tenants are terrible at managing their finances and overpaying is just a symptom of this.

Post: The Top 5 Landlord Mistakes

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351

Well I just had to file for eviction yesterday. This is only the second time ever I have had to evict in ten years. The first time was not through negligence on my part - I inherited the tenant with the property. Oh I've had to threaten before and I have kicked tenants out, most often with cash for keys.

If I had to sum up the reasons for these previous times I'd say it was because they were class C rentals in blue collar neighborhoods. One always seems to be chasing those people for rent. Since moving to class B white collar neighborhoods I haven't had any problems collecting rents. As someone pointed out, even though the cashflow/ROI/cap rate (take your pick) is higher on class C, they are a PITA to collect rent on.

My one exception is the tenant that I am eviciting now. The mistake I made with this tenant was not doing a good enough background check. I was distracted with life at the time and even though a red flag went up on her income verification I was wood by the previous landlords glowing recommendation and prospect of nabbing a long term tenant. She was self employed. So no pay stubs or W-2s. Instead I asked for last years tax return. Turns out it was bogus. I should have asked for bank statements too.

After renting for a year she stopped paying and has since provided me with a litany of excuses that I have heard all before. Unfortunately, in retrospect I made a second mistake, not evicting sooner (although I would argue that this is not always a mistake - see below). We gave her until the 15th and still no rent. I should have started the eviction process right then. She said before then end of the month. We stupidly said ok. Then the excuses/lies really started coming thick and fast. She said she mailed it this weekend because we didn't call her? even though we told her specifically not to mail it. (previous evicted tenant did the same thing). So I called her bluff and said to fax the cashier check stub. She said she would do it when she got home at 6pm. I told my partner that this was another deception and to go ahead and file that day. Sure enough, no fax was forthcoming because there was no cheque mailed I bet. (previous evicted tenant did the same thing). It is funny how they follow the same playbook.

So why do I think it was not a mistake to IMMEDIATELY evict her? I have covered this topic in the past but to summarize; I still have two good long term tenants because I let them pay 15 days late when they hit a bad patch instead of immediately terminating occupancy. Usually I trust my gut on this. This time I did not trust my gut.

Post: Scaring my hard money lender

Robert SteelePosted
  • Investor
  • Lucas, TX
  • Posts 618
  • Votes 351
Originally posted by Steve L.:

Robert - if the numbers work do the deal, as simple as that. Your hard money lender shouldn't be scared. Just tell him he can hold some of the repair funds in an account until you show evidence that you have fixed XYZ. That's common here in California.

Yes my HML had me put $7K into a CD as extra collateral on my last project.