Alternatives to increased security deposit

Alternatives to increased security deposit

Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes

Well, us unfortunate folk who cater to C-class tenants in Upstate NY just got our heads handed to us.  The legislature does not want to own public housing; it just merely wants to CONTROL all the housing privately owned and managed by hard-working landlords "in the trenches" like myself.  By statute, we can no longer collect more than one month's security deposit or last month's rent.  These were tools I personally used to mitigate the risk on marginal tenants and/or those that would commonly give notice to vacate and then say "I'm using my security deposit as last month's rent."  With the speed and expense involved in an eviction (which just got MUCH longer), it would be a waste of money to begin such a proceeding.  I only offer MTM leases.

At this point the new laws have done the exact opposite of our governor's intentions (well, not really - this was done to garner votes).  I must now decline the applications of marginal tenants - and I am looking at having to raise rents in order to increase my capital reserves to cover my risk with the inevitable next eviction.

So, to avoid losing all my cash flow for the year on one bad tenant with no "skin in the game" - I'm looking for creative alternatives.  I'm aware of some products out there that act like "bad tenant insurance" where the company vets the tenant and a premium is paid that covers any delinquencies or damage expenses - anyone use any of those?

I'm also looking for other options, as the additional expense of a security premium would put me at a competitive disadvantage in my market until others begin using it.

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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
7y

Rent Lock fee to guarantee no rent increase after first year.

Pet fee, pet rent.

First, last and next to last plus deposit.

Prepay rolling 30 days in advance of when rent is due.

Make rent due on 25th for next month and late on the 1st - gives you more time to react.

Require direct deposit, this is a stretch, if they don't have money there is nothing to take out of their account.

Prepaid cleaning fee for move out. They get it back if they clean themselves. I know sounds too much like a deposit.

Just brainstorming here.

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  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    7y
    Originally posted by @Theresa Harris:

    So the housing authority won't pay market value for rent, won't let the tenant pay the difference between what they (HA) will pay and market rent and won't let you collect last month's rent in advance...what is their rationale for anyone wanting to rent to their clients????  At a minimum, they need to pay market value for the rent.  If you advertize at market value, then you won't ever be renting to any of their clients as you can state the rental price is firm.

     That is true based on my understanding.  It will be interesting to see how this will play out.  I'm going to assume most places in NY have a local.HA that will pay market rent; my farm area may be an exception.

  • Member since 2019 · 27 posts · 8 votes
    7y
    I did not know that.... that's ridiculous

    Originally posted by @Wesley W.:
    Originally posted by @Bella Walsh:

    If you're not already, make sure you're running a comprehensive credit and background check. I use https://www.myrental.com/ to run all of my checks and I take advantage of their Tenant Score system to see how landlords in my area have handled people with similar credit/backgrounds. It's a not a surefire solution given that you want to focus on "C-Class" renters, but it helps me weed out a lot of the bad apples right from the start.

    Other than that, like other people are saying, there are things you can do to raise your capital reserves, like pet fee/pet rent and requiring direct deposit.

     It is now against the law in NY to run an eviction background check on an applicant and use it to decline their application.

  • Ricardo R.Pro Member
    Property Manager · Michigan Ctr, MI · Member since 2016 · 661 posts · 581 votes
    5y

    @Wesley W. I'm sorry I caught your post just now... was looking for something else but your post came up. I understand your pain. Here are few issues I see and which we have encountered with some of the suggestions here and a few solutions we use to overcome: 

    1) Security deposit: I agree one month's security deposit may not be enough to cover non-paying tenant which leaves property damage behind. Look towards possibly using Rhino or Obligo for security deposits. This will possibly allow you to circumvent your state's dumb security laws all together because you literally require $0.00 for security deposit. The benefit to you is: less paperwork; less liability (if SD is handled improperly) and the ability to charge for more than one month's 'security deposit' coverage (check with Rhino or Obligo on this though); possibly a larger Tenant pool (screen carefully) because there is no SD due; will eliminate bickering or court challenges to charges against the 'SD' help by a third party; longer Tenant stays (increased occupancy) because honestly most Tenants will likely spend the SD they saved during your Tenancy and will not have a SD for another property when their lease comes to an end, and so will likely just renew with you. The benefit to the Tenant: they don't have to come up with a large sum of $ for the SD and can pay a third party a small monthly fee instead.

    2) Fees: Charge a one-time pet admin fee and charge a one-time cleaning fee.... both non-refundable (fees); especially now that you have eliminated the SD and the Tenant will pay gladly. 

    3) Direct Deposit: Don't allow direct deposit into your bank accounts, sounds great at first as it is a step into moving away from physical forms of rent BUT the problem and even more so in your state... it's an uncontrolled deposit meaning the Tenant can deposit any amount the would like. The could very well derail any eviction efforts on your part it two ways: by either underdepositing for the current month or over depositing for the current month and missing the next. Here, you have absolutely no control other than closing your bank account. Look instead for an option that allows your Tenants to pay ACH to and to which you can control whether or not you want to receive anything less or more than the due rent and which you can also shut down ACH payments without closing your bank account. 

    4) Late Fees: Late fees are fine check your state for acceptable amounts. Sometimes the problem with late fees is that many judges just WILL NOT recognize them, some do and some don't, most don't. Meaning that even in an eviction the judge may award in your favor minus the late fees. To get around this, just simply take it out of the judges hands and make it 'BASE RENT' so instead of having a rent of $1,000 + $100 late fees.... update your lease to $0.00 late fees and $1,100 base rent with a $100 discount towards current payment if paid by the 1st (or whatever date it works best) --- Judge can waive late fees but base rent is a different matter.

    I know this is a late post, but these are just some of the few issues we've encountered and how we circumvented, hope this helps.

    Alex

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    5y



    (1)  Unfortunately, these companies require a 12-month lease, and I only offer MTM leases for these C properties. Any landlords in C-class areas in NY that sign year leases are giving all the proverbial cards to the tenant, in my opinion.

    (2)  Any of your aforementioned fees are considered "advances" under the NYS HSTPA of 2019, and are prohibited; you cannot charge any such fees in NYS.

    (3)  I ONLY accept direct deposit.  I also NEVER evict for non-payment; I only evict as a holdover proceeding.  This is one of the many reasons why I only offer MTM tenancies.  Therefore, any additional payment should not effect the eviction process.  My attorney has advised me on how to handle such payments if the situation arises so that it would not derail the eviction timeline, but like I said - I don't do these kinds of evictions anymore;  I just give notice to terminate and then evict for holdover if they do not leave.

    (4)  Your "discount gambit" does not work here in NY.  It is extremely transparent in intent and will draw the ire of the judge for attempting to circumvent the law.

  • Ricardo R.Pro Member
    Property Manager · Michigan Ctr, MI · Member since 2016 · 661 posts · 581 votes
    5y

    @Wesley W. okay, I see. Just thought it might help you. Best of luck. 

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    5y

    No worries.  Your strategies are sure to work in the portions of the U.S. where the laws are fair and equitable when it comes to housing.  No such situation here, unfortunately.

  • Member since 2019 · 19 posts · 44 votes
    5y

    @Wesley W. Very Interesting to hear that you only rent MTM so that you can evict for holdover instead of non-payment. During this COVID time have you had the need to evict anyone? I have a horrible tenant now that was in the process of being evicted prior to COVID...Started the eviction Jan. 2019! I do have an attorney working on it, with no luck yet because of the eviction ban. Who do you use for an attorney? 

    FYI, I am local small investor in Troy & Waterford.

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    5y

    @Andrea Coulter I have been fortunate enough not to reach the point of eviction during this (apparently perpetual) ban on evictions in NYS.

    My attorney is John Keenan, and he is really on top of all of these changes coming down the pike.  He attends regular Zoom calls with the industry lobbyists as well as other attorneys across the state, where they collaborate, strategize and share best practices with various municipalities (that's how I met him).  I would be happy to give you his contact information should you need any help with landlord/tenant matters.

  • Member since 2019 · 19 posts · 44 votes
    5y

    @Wesley W.

    That would be great if you could send me his contact info, I would like to reach out to him asap!

    Thankyou :)

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