All Forum Posts by: Adam A.

@Lucas Hammer - Even in the absence of a lease when it comes in front of the judge, he has to  rule according to the local laws. I'm sure a reasonable fee for a clean up is a common rule in all states.  You should do some general cleaning and have them walk through with you and then sign off the schedule before giving them the keys. I do this with all my tenants as I point out with the original walk through when I gave them the keys. I don't discuss numbers but I send them a detailed invoice minus the deductions within 30 days per Ohio state law.

You shouldn't be responsible for the drywall clean up. However, if you don't let them know in advance, you keep the door open to charge you.

@Chelsea Ziss - That's a really good question. Right now, it will affect only the city of Toledo. My personal opinion, I think other suburbs will follow as the general public overall picture is "Protecting Children". I have no problem with passing laws protecting our children at all. However, what Toledo councilman Sykes proposing is unreasonable.

Here is more about this issue

Last year, city of Rossford adapted a new law targeting landlords to register their properties for annual inspection. This is of course unconstitutional as the Northeast circuit court ruled and now the fight is in the Ohio Supreme Court to rule it throughout Ohio.

@Fawaz Alkhaleefah - The Toledo meeting was very passionate and heated as councilman Sykes did NOT agree to amended councilman Ludeman proposal as I listed below. Sykes wants to keep the ordinance the way it is which is if the property passes VISUAL inspection, then a dust inspection (12 samples) will be performed. Of course, landlords are responsible for the expense which is $150-$300. This will include SFH, units 1-4 and children daycare.

Section 8 is excluded from all the above as it's already subjected to inspection. 

I spoke to several councilmen and they all advised to contact all other councilmen to support the Ludeman proposal. The more emails, phone calls and noise is made to support Ludeman proposal the better chance they'll accept it.  A new ordinance WILL PASS definitely and it's up to our community on how it's written. However, Sykes proposal is a step in the wrong direction because it targets RENTAL PROPERTIES only and NOT other owner occupants.  If a property fails the dust swipe Sykes proposal, remedy has to be done with a specialty Hazcorp company to replace windows, doors, etc. which will cost an average house about $10,000+

Why excluding owner occupant properties is a problem?

If your neighbor's exterior paint is chipping, it will definitely becomes your problem as you mow the lawn (for example). A 3 ft. Dripline from your property is needed for lead dust inspection and it will test positive, now it's your responsibility. 

Here is Sykes proposal:

 1760.02 Obligations for Residential Rental Properties and Family Child Care Homes

(a) It is a violation of this Chapter to allow the following conditions to exist in a

“Residential Rental Propertyor a Family child Care Home”: (1) “Deteriorated Paint Hazard,” (2) a

“Dust-lead Hazard,” or a (3) “Soil Hazard,” as defined in section 1760.04. Every Owner of

Residential Rental Property shall maintain such property free from these Hazards. Once a presumed lead hazard has been identified, that condition is to be remedied in accordance with the requirements of this Chapter. Termination of occupancy of any such Residential Rental Property shall not constitute compliance with the requirements of this Section.

(b) No Owner, Agent, real estate agent or broker, company, or any person or persons shall

rent lease, sublease, let, mortgage with right of occupancy, or otherwise allow the occupancy of any

Residential Rental Property, or provide child care services in a Family Child CareHome, as defined

in this Chapter, constructed prior to 1978 and which is subject to this Chapter, whether such use, or

occupancy is temporary or permanent, unless a “Lead-Safe Certificate” has been issued for such

Property.

(c) If a Residential Rental Property or a Family child Care Home has been issued a

“Residential Rental Property or Family Child Care HomeMaintenance Hazards Report,” a

“Residential Rental Property or Family Child Care HomeOwner’s Verification of Annual Residential

Rental Property or family Child Care HomeInspection” shall be filed with the Toledo Lucas County

Health Department annually, commencing one year from the date of issuance of “Lead-Safe

Certificate” for the next four (3) years.

(d) All provisions of this Chapter shall apply to Family Child Care Homes, as defined in this chapter.

Please feel free to contact me directly to email all Toledo city council emails as I can't list me here.

Ludeman Proposal:

• 1-4 units and daycare centers
• Require a VISUAL inspection on the interior, the exterior and the drip line only. If the owner fails the visual inspection, they are required to provide a lead safe certificate by an independent lead inspector.
• All visual inspections will be conducted by the Health Department.
• Enhanced lead educational material will created and widely distributed at daycare centers, pediatrician offices, natal units in hospitals, etc.
• The "Disclosures of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" must be signed and filed with the Health Department.

@Darrell Lee - Unfortunately, there is no value in flipping houses in east side of Toledo which zip code 43605 is. Otherwise, local investors like me would have jump on it. Even though the Toledo rental market is strong, things will change once the new lead paint ordinance will pass. House values in that zip code will drop even further as many of them will not pass the lead paint inspection.

Also, FHA houses need to be appraised twice when sold in less than 180 days and the 2nd appraisal is paid by the seller.

Good luck

Town hall meeting today regarding lead base new city of Toledo law before voting:

1415 Jefferson    6-8 PM

@Kevin Farrell - When it comes to multi-family of 5 units or more the game is completely different. Banks consider theses buildings as commercial which require a totally different criteria to get a loan. Commercial loans do NOT depend on personal debt ratio but on a different formula. 

I highly recommend you search Anthony Chara who is a great mentor on investing in multi-family units and it's amazing what you can learn from him.

UPDATE: If you have concerns and want to share your opinion, here is your chance:

Councilman Tyrone Riley

Toledo City Council District 1 Hosts Public Meeting on Proposed

Lead Safe Residential Rental Units Legislation

Monday, August 15, 2016, 6-8pm

Gesu Sullivan Center

2049 Parkside, Toledo, Ohio

Representatives available from Toledo-Lucas County Health Department, Advocates for Basic Legal Equality, Toledo Lead Poisoning Prevention Coalition, and Real Estate Investor’s Association

@Carson E. Before you do anything you should check what your state law in the situation of the tenant moving more than certain miles away regardless of what's in the lease. If the tenant is truly moving away (more than 50-100 miles) due to job relocation, some states will not consider this as a breach of contract.  

UPDATE - The Toledo city council announced in their last meeting on Tuesday 8/2 that they will vote on the new lead base proposal on 8/16/2016. There will be a town hall meeting on 8/8 on Jefferson street I'm not 100% sure of the address and time yet.

Regarding the Toledo city council announced in their last meeting Tuesday 8/2 that they will vote on the new lead base proposal on 8/16/2016.  There will be a town hall meeting on 8/8 on Jefferson street I'm not 100% sure of the address and time yet.