All Forum Posts by: Tom V.

Well guys, I hate to bring thi back to the top here, but it seems as if this tenants is not willing to stop the shenanigans.

As I previously posted, I had a wonderful electrician come out and figure out what exactly is going on.

The issue, we thought, had been resolved.

We did NOT evict because, well truthfully, we thought we resolved the issue amicably on both sides. Calculated a nice discount to cover the lights for the last 18 months we have owned the property, and offered double the cost as a monthly discount until the electrician can do the job. (which was a few weeks out due to the holidays)

Well, here it is again, beginning of the month, time to pay rent.

She's withholding rent again. This time, it's because the apartment is unlivable. It's full of mold, there's moisture in the walls, it's been there for months, she's made multiple complaints to us, we refuse to fix it, etc....

She went as far as to call and make a complaint to the town health department.

First off, NONE of that is the case. We found this all out today, when the health department called to tell us she made a serious complaint, and that they had been out there today to inspect the apartment.

Interestingly, the health department said every single one of her complaints were unfounded. There is no mold on any surface in any room. There is no moisture in any surface in any room.

They are closing the case in our favor, as frivolous.

The tenant even tried to make a complaint to the health district that she should be able to withhold rent because her dishwasher doesn't work.(apparently she broke it - nice, another few hundred bucks down the drain)

I have an extra one too, if she would have told me, I would have installed it. What the hell.

The health department told her it was a luxury, not a necessity.

I'm done. I can't do this anymore.

Now, I'm not even sure I can evict her, as she made an official complaint.

Does it matter that the health department is noting nothing wrong? And that the complaint was baseless?

Or do I have to wait until the 11th, and evict for non-payment? As she's obviously not paying.

Or will this complaing f* me on this?

Also, do you know if there are any avenues I can take to complain myself, or any charges I can press, for the stuff she tried to pull last month (give me 3k + or I will no longer pay rent) and her false complaints from this month?

Bad enough I have other tenants now telling me how she's complaining about us to everybody, and how next she's complaining about the furnace. (which currently works great, by the way)

Thanks, guys.

Let me try to clear some things up here.

Yup, in CT, if held in an LLC, MUST hire an attorney. I'm looking into transferring title to ourselves, and keeping the property under an umbrella (to limit our exposure) but not sure if I can, and of course the bank could always call the loan.

I've talked to a few banks on equity loans and/or line of credit. Almost all are no-go if held in LLC. One or two would do it, at over-exorbitant rates and fees. Not worth it.

As far as the electric, had the guy out today. Went over everything.

The lights are in fact on the 2nd floor unit. Which was the previous owner's unit, so it makes sense.

He could rewire for just a couple of hundred bucks.

The 3rd floor tenant (friend/family) have no problem having it rewired to their box, but that only lasts until they move, and then I have to deal with it all over again.

I suppose a slight rent reduction to account for the 2 lights is not uncalled for.

CFL's, so I think 10 bucks is more than reasonable.

I just don't have the cash to add an owner's panel.

In the meantime, I can propose it, and write it into the lease. And in the future, write leases to reflect that structure.

In the meantime, work on getting her out.

We feel we're being underpaid anyway for the unit, but have kept them on as we were dealing with crap from the other 2 floors for the past few months.

It's a 1400+ sq ft 3-bedroom unit, 9 foot ceilings, tile kitchen w/ custom solid wood cabinetry, separate pantry, W/D hookups in laundry, pergo living room and dining room, all bedrooms beautiful original hardwood.

She pays $950

Comparable units go for a good bit more in our area. Not to mention the unique off-street parking for the area.

But as I said, we kept her on as to not have to deal with 3 deadbeats at once.

1st floor moves in feb 1st, 3rd is friend/family. And yes, they pay and on time.

Replace her, and we should be all good.

I hear you.

My interpretation was that each tenant would pay for the lighting in front of their own unit, but after I've calmed down a bit, I can see how it may be seen as a common area. In which case I would be wrong.

And if so, I will rectify it. I have an electrician coming monday to investigate, and fix if needed.

As far as the situation, I think my wife showing up on her front door really took her aback.

She coughed up the check without so much as a protest.

In fact, my wife didn't even ask for it. She offered.

So financially, I'm back on track. And if I am in the wrong on the 2 lights, I'd be happy to pay for their usage for the past couple of years. But for those 2 lights, not her entire electric bill.

But still, all of this arguing over the phone, and backing down in person, was not cool. And I can't let it continue. It can't happen again, and I'm going to have to take steps to prevent it.

And you are absolutely right. I jumped into this feet first. Did a hell of a lot of research, but research doesn't prepare you for the real world. Doesn't work the same as it does on paper.

I'm learning as I go here, and read bigger pockets a lot. LOTS of great advice here. Wish i found you all BEFORE I got into the business, would have saved me a lot of headaches. This is just the latest in a lot of stumbles.

Massive insurance bills from before I learned about liability + umbrella, which is MUCH cheaper, and stuff like that. I was throwing money out the window.

At any rate, thanks for all of the advice. I was livid, and feel much better now.

I m hoping to save up for a while, as long as we keep back on track. As of January we start saving again, and it will be our year.

And I hope to apply everything I've learned here into further purchases and rentals, once I'm on track again.

And once I've learned more on how to be a landlord and operate in this business successfully. Thanks bigger pockets!

My wife made plans with the tenant to go down there and speak with her after work. She's there now, armed with copies of the CT laws.

If it goes bad, I'm having her served with a notice to quit tomorrow, in the shortest time possible. (3 days)

From there, we start summary process.

If she coughs up and pays, then I'm not sure what leg I would have to stand on to evict her. It can't be non-payment.

But I would still want her out. It will happen again.

But honestly, i don't think that's a concern. I'm 99% positive it won't go well.

I doubt it's worth that much.

it's small, only 3k sq ft. It is approved as a building lot, and I have that paperwork, but it was grandfathered in under old laws/codes.

And it's in a big multi-family area. Not much space between houses etc.... Not very desirable.

It's this lot and driveway that sets this house apart from the others.

Either way, I'd sell i if I could. But I don't think any builders would be very interested in the situation.

Either way, I reviewed, again, all of the CT laws (

http://www.jud.ct.gov/lawlib/law/landlord.htm )

And can find no legal justification for what she's claiming.

Even, hypothetically, if it were classified as a common area, then she cannot withhold rent. She could however switch electric into my name OR deduct the estimated cost of the infringing items. Both of which are easy to deal with.

But she can NOT withhold rent.

How bad does a 1 time late payment on a mortgage hit your credit?

I want to use the money to evict her. I cannot deal with this.

I've been the nicest, most pleasant landlord to deal with.

Our kids have played together for chrissakes.

By the way, interesting enough, I called a buddy of mine and spoke to him about it. This buddy happens to work with the tenant on a daily basis.

He told me she was just offered a promotion for an out-of-state position, and the company offered to pay all relocation, travel, expenses, temporary housing, etc....

So it looks like this is just a quick cash grab. She's moving, and thinks she has nothing to lose as she's got a "free ride" so to speak.

How can people be so damn evil. I don't get it.

It is in Torrington.

The attached lot is zoned and approved as a building lot, however I currently have a paved 6-car driveway on it for off-street parking.

I get rid of it, they park on the street. Which reduces the value of the rentals.

Let me revise the 1st floor rent, it WAS 750 with the previous tenant. The new 875 number is the new tenant who moves in on Feb 1st.

So at the previous rates it was 750, 950, 600

Changes the numbers a bit. I have no idea what the CAP rate is for the area, a bit over my head.

I do know our agent has said he could sell for 170-175 quickly. (meaning 2 months or so) Of course not being fully rented would reduce the value a bit. But again, being fully rented it has value to ME.

Eviction cost is strictly due to the property being held in an LLC. CT states I MUST hire an attorney as I cannot represent a 3rd party. (the LLC)

The total cost was high, but it got the job done quick.4-6 weeks total. And that was with the tenants fighting every step of the way.

I have found after the fact cheaper attorney rates, would make total 900-1k. Including attorney fees and court costs. However, where do I get the thousand bucks?

I am so drained, that one of the mortgages (my house or the rental property) are not being paid this month. I needed her to pay her rent to cover it all.

And yes, I know I'm riding the line here so close tot he 15th with both of my december mortgages still due, but we got hit so hard by this we needed those couple of extra paychecks to catch up.

This was supposed to be the month we catch up. January is a 3 paycheck month (paid every 2 weeks, the dates just fall that way) and we'd be saving again.

After this, I don't know. And if I have to pay 1k for an eviction as well, then the other mortgage doesn't get paid either.

I literally put all I had left into the 3rd floor to fix it. Thousands. tenant flooded the apartment TWICE (yes police were called both times) and when finally removed, left all of his belongings. Had to gut the floor down to beams and do it all from subfloor on up. Looks great now, but took everything I had left to do it.

And now this.

And now it's the holidays, and I have 2 kids, 7 and 9 year old girls, to get gifts for.

My god, I don't know what I'm going to do.

On a good note, just got approved for a one month deferment on my car. Possibly 2 months, they'll let me know wednesday. But 1 for sure. So that helps a bit.

I might have my wife call her father. She hasn't talked to him in years, but desparate times....

Yes they did. We went to court, and the eviction was granted. The 1st floor did NOT, and left on their own accord rather than face the court.

I owe roughly 112k, property value is roughly 180k and I also own the attached lot with value of roughly 20-25k.

They are in an LLC, and far as I know I cannot equity loan on a property held in an LLC.

If I could, life would b much easier.

Small clams cases pending on both 3rd and 1st floor tenants for back rent, and 3rd floor damages.

I pay water bill in total every 3 months.

Mortgage is 1200 monthly not including insurance or water, and rentals are 875, 950, and 600. HOWEVER 1st at 875 is not until Feb 1st. (I did take 2 months deposit, but obviously cannot spend their security deposit. First month was paid, and is going towards my mortgage this month)

You're right, I didn't think about the dedicated circuits. And it is all up to code, electrical was done 2 years ago, and signed off on. Fire Marshall re-inspected 3 months ago, again signed off on.

Nice guy, and told us everything he looked at.

I had a new 3rd floor tenant move in November 1st, and just signed a lease for the 1st floor and they will move in Feb 1st.

I have no funds left, on top of all this wife lost her job a few months ago, and we're trying to recover still. It all just came crashing down at once.

I already cashed in retirement just to keep afloat. I don't even have this months mortgage payments. With her rent, I would've swung it. But without it, I don't.

I decided I WILL be filing papers first thing Monday. REGARDLESS of what happens in this situation. She could write me a check tonight, I don't care. I can't deal with her crap anymore.

I started out with PLENTY of reserves. Sad to see my life savings go in just 6 months. Dammit.

By the way, she's claiming that since those 2 lightbulbs she shouldn't be paying for, we have to pay 100% of her electric bill for the entire time she's lived there. No way. And again,t hey are HERS! NOT common area!

Hi all, having a serious situation here at a 3 family property I own.

It's a 3 family property. A few months back, the 3rd floor tenant stopped paying rent. Evicted him. Cost a couple grand to do, but got rid of him.

He caused thousands of dollars damage to the property, which insurance would not cover, as it was negligence.

I paid to repair the place.

Right after that, the 1st floor tenants told us they don't think it's fair that the 3rd floor "got away" without paying rent, so they're not paying either. They said "evict us if you can still afford it".

So we threw them out too.

Now, our 2nd floor tenant, which has been ducking us on the rent, told us that we need to pay her 3200 in cash or she won't pay rent anymore either.

She is saying that we owe her the money because the hallway lights are on her electric bill and it's "illegal" to be set up that way.

The 3200 is for her electric bill.

Thing is, it is NOT a common area. 1st floor has their own private entrance, with their own lights, on their own bill.

The hallway in question is specifically for the 2nd and 3rd floors. There are 2 lights on her electric that go to the 2nd floor, 3rd floor has their own lighting, on their own bill.

EVERYTHING is separate!

She also claims that since she constantly trips one particular 15 amp breaker that there's "faulty electrical". Things is, she has the stove, fridge, washer and dryer, televisions, cable boxes, and fish tanks all in the same damn room. She's overloading the circuit!

She said if we don't pay her immediately, she's going to make claims against us to the state and have our heads.

We don't feel we have done anything wrong.

This is NOT the first run-in we've had with her. Just the latest.

The eviction and repairs have completely drained us. All of our reserves, everything.

We're to the point where we'll lose everything, and she knows it.

What the hell do i do?

Hi guys.
Trying to do my taxes, and immediately came across a roadblock.

Yes, I know, I should have doen them earlier. But I had a lot going on, and believe me, taxes was not at the top of my list. (I have a very sick daughter, may have cancer)

Anyway, my fiancee and I purchased a 3-family house in July 2012. At the same time, we formed an LLC to own the house.

All of our paperwork states her and I as 50% partners. All filing paperwork has BOTH of our names as applicants to form the LLC.

Well, I logged onto the sec of state's website to get some info, and they have me listed as the single principal, 100% owner. My fiancee's name is nowhere to be found.

I called them up, and they said they never heard of her. They don't know what to tell me. Sorry.

So, now I have no idea what to do. I was planning on filing with the llc as a partnership, issue a k-1 to each of us, then doing our own personal taxes.

But since the state has me as the only principal, 100% owner, i'm not sure I can do that. Am I now forced to do it as a straight passthrough, to me only?

That kind of screws things up for us.