Tenant Wants to Pay with 401K Disbursements

Tenant Wants to Pay with 401K Disbursements

Cincinnati, OH · Member since 2016 · 25 posts · 7 votes

Hi there! I'm new here. My husband is the real guru, and I'm managing the properties we're acquiring. 

We're currently screening tenants for a duplex. One potential renter wants to pay with her 401k, requesting disbursements as she needs the cash. She attached a document with her application, showing she pulled $32,000 after taxes in January. Rent is $1150 plus utilities.

I asked for a bank statement. She said she does not have a bank statement showing any monthly disbursements or cash flow. She offered to pay in advance if needed.

I'm trying to be understanding, but this is new territory for me. What should I ask her for? Should something be specifically added in the lease regarding this? Are there any red flags?

Thank you in advance!

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Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
10y

HMM;  Does she understand the tax consequences of using 401k money before age 62.5?

As a landlord, we are not allowed to discriminate on the source of funds, but having an income is not the same.  

  1. She said she does not have a bank statement showing any monthly disbursements or cash flow.

But does she have a bank or credit union statement at all? Tell her you're only trying to see how see pays her monthly bills.

I NEVER rent to someone attempting to pay yearly rent all up front - - I typically means they've just lost a job or their normal source of income.

I  would reject the application for "inadequate documentation".

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  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    HMM;  Does she understand the tax consequences of using 401k money before age 62.5?

    As a landlord, we are not allowed to discriminate on the source of funds, but having an income is not the same.  

    1. She said she does not have a bank statement showing any monthly disbursements or cash flow.

    But does she have a bank or credit union statement at all? Tell her you're only trying to see how see pays her monthly bills.

    I NEVER rent to someone attempting to pay yearly rent all up front - - I typically means they've just lost a job or their normal source of income.

    I  would reject the application for "inadequate documentation".

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    10y

    Instead of having her pay the entire rent up front with 1 months security deposit have her pay a very large security deposit. 6 months or so. This way you are not stuck holding the bag on month 13 if she is out of funds. Doing it the 2nd way on month 7 if you do need to evict you will be able to recoup your costs. Your chance of eviction is also much lower since she has so much to loose.

  • Architect · Papillion, NE · Member since 2015 · 1k+ posts · 840 votes
    10y

    You may have to escow the prepaid rent payment. check local laws. This all sounds fishy I would look for someone else.

  • Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
    10y
    Originally posted by @Jeff B.:

    HMM;  Does she understand the tax consequences of using 401k money before age 62.5?

    Maybe she is over 62.5!

  • Lincoln City, OR · Member since 2015 · 59 posts · 54 votes
    10y

    It's 59 1/2 and you can get you disbursement monthy, quarterly and annually.

  • Cincinnati, OH · Member since 2016 · 25 posts · 7 votes
    10y

    She turns 62 at the end of this calendar year and will be accepting retirement at that point. She's been very forthcoming with bank statements after I asked. I still can't see the source of her funds, only the transactions. Waiting to hear back from previous landlords to make the final call. Thank you all so much for your input. I appreciate it!

  • Justin WindhamPro Member
    Banker · Nationwide · Member since 2015 · 4k+ posts · 1k+ votes
    10y

    Based on what you've posted, she has retirement assets and is at the age that she can take those assets as ordinary income without having to pay any early distribution penalty. If you are concerned about her being retired, I think @James Wisegave some good advice with regard to the large security deposit.

    @Amanda Palmer

  • Investor · hampton, VA · Member since 2009 · 428 posts · 249 votes
    10y

    we have taken rent from a 401k. It worked out very well as long as they can show you the letterhead from the provider or a custodian.

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    10y
    Originally posted by @James Wise:

    Instead of having her pay the entire rent up front with 1 months security deposit have her pay a very large security deposit. 6 months or so. This way you are not stuck holding the bag on month 13 if she is out of funds. Doing it the 2nd way on month 7 if you do need to evict you will be able to recoup your costs. Your chance of eviction is also much lower since she has so much to loose.

    This would probably be illegal in most states probably, in CA for example the security deposit is limited to two months of rent for an unfurnished property. Even if the state does not set a limit, the city of county may have set the limit. Having tenant pre-pay the rent for several months should not be a problem. 

  • Solo 401k Expert · Anaheim Hills, CA · Member since 2012 · 18k+ posts · 6k+ votes
    10y
    Originally posted by @Amanda Palmer:

    She turns 62 at the end of this calendar year and will be accepting retirement at that point. She's been very forthcoming with bank statements after I asked. I still can't see the source of her funds, only the transactions. Waiting to hear back from previous landlords to make the final call. Thank you all so much for your input. I appreciate it!

    If she is retired and her source of income is the distributions she takes from the 401k - I don't see anything wrong with that.

  • Cincinnati, OH · Member since 2016 · 25 posts · 7 votes
    10y

    After hearing from her previous (not current) landlord today, I went ahead and approved her.

    We're having her pay the deposit and pro-rated month of March up front, but feel confident that she has enough funds to cover the 1-year lease on a monthly basis. My hold up was not being able to see proof of the funds. I wish there was a better way for applicants like her to show this information. @Kris Haskinswe have the letterhead now, so hoping this tenant proves to work just as well!

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    10y

    @Dmitriy Fomichenko

    This is in Ohio. There is no statute limiting the size of security deposits in Ohio.

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