All Forum Posts by: Adam Martin

I use accessible beige it is a greyish  beige and I buy it by the 5 gallon bucket for all walls and white trim.

That makes sense that you found out after the fall then, I just didn't originally read it that way.  If it looked fine where you would not have known I would just let them deal with it then, it is a risk you take with auto insurance and it looks like this time his gamble didn't pay off by skipping the comprehensive.  

Depending on the cost I would go ahead and file a claim in small claims court, 5k is a lot of money.  Future landlords will already be on alert thanks to the eviction but this would put another strike on their credit.  If they are still working you can use this to try to garnish wages or just send to collections.  While I have never had to do this I feel it is worth a shot and there is a chance that at some point they would try to clean their credit and pay.  Before you go after the money though I'd spend my time getting the place rental ready and focus on making money now and then when I had time try to collect if nothing else just out of principal.  

You state 2 different things on the tree, first you said it has proven itself to be rotting and you mention you will be spending 4k to take it down.  The next sentence you state you were unaware of any problems with the tree.  If you knew the tree was a liability and was rotting that would make you negligent and you should pay him.  If it was a perfectly healthy tree and this could not have been foreseen it is a judgement call.  While you wouldn't legally be responsible if he was a good tenant that kept the place in good condition and was planning on staying a while I would pay up, if they were a problem or I knew they were leaving and not worried about retaining a good tenant I would let them know that it is on them. Also a lot of insurance companies will suggest comprehensive coverage on top of liability to cover damages that aren't your fault like weather and deer, has he checked to see if he has it.  

That is way behind on water and I would be having a conversation about it telling him he needs to get caught up.  I assume you have on your lease that they are responsible for keeping up with utilities so I would think that could be grounds for failing to follow the lease.  Even though you promised a 10% reduction which may have been a mistake since this seems like a guy you want gone anyway you didn't sign a lease to renew for that period.  I would think you should hold your end and keep the reduction if you keep him as a tenant.  You didn't mention you told him he could stay that long so I would go that route to get him out assuming he is behind on water and will most likely continue not to pay.  Even though the water isn't in your name you have a financial interest since at the end of the day it will fall back on you and will keep getting worse.  At what point in your area do they cut off water and at what point are you expected to pay.  

I would just have an honest conversation with them to find out why they are overstaying.  The reason they are leaving will play a role if they are being evicted or termed for cause vs. them leaving on their own for a new place that may be running late.  Assuming things have been in good shape up to now just ask them why they are not leaving and when they plan to leave.  It could be a simple misunderstanding, charge them an increased daily rate and follow up with a cure or quit notice for the day they say they will be out and start eviction.  Now if it is the opposite where they are leaving on bad terms just post the cure or quit based on the lease ending and file for eviction as soon as your state allows, hopefully this will scare them out.  I am never a fan of threatening something I can't back up since I feel it leaves a bad precedent so I wouldn't threaten to involve the police unless you have an actual criminal complaint to follow.  Have you already lined up new tenants because that can add another level of complexity.  

Agreed, it is just a couple days and it is easier to find help on the weekends plus it will give them some time to clean their old place to get their deposit back.  I usually will offer it up front if the house is ready just to get the bills in their name and show a sign of good will.  It also gives more flexibility on timing since I may not want to be there on the morning of the 1st if I'm working but we can usually work out a time beforehand.  I did have one issue where I let it get out of hand though and they got in on the 15th after they kept pushing it forward which caused me to have to take off work and stress out more than I would be willing to now.  Some people will charge a prorated rent for the additional days but I don't bother.  

I am a big fan of adding fences and when a post pops up asking the best value add to a property that is usually my response to attract people with dogs in order to increase rent.  It sounds like however the tenant you have is trouble and needs to go.  Water bills can vary greatly, have you been able to verify how much he owes, if it is getting up there I would issue a cure or quit to let him know you mean business even if you can't evict right now.  For the fence if you don't want one this may be a good candidate for the happy clause to have him look for greener pastures since it is a pretty steep cost and he is obviously unhappy at his current residence.  I wouldn't suggest for this one asking for them to pay part or see how much extra rent they are willing to pay because once they were caught up on bills I would most likely be looking to term the lease.  If the bill isn't that high I would look to have the 30 days end right after the moratorium is lifted and get someone new while we are still in peak season. 

Legally I don't know of a certain time and my assumption unless stated would be right before midnight since they technically have the whole day.  My lease however says 7, I'm not coming out at midnight and would have planned on an all nighter getting it ready for showings the next day.  

Tenants rent from me personally and I have a $1 million umbrella policy and no LLC. I self manage so I don't really think the LLC would help and I would still want the umbrella on top. While I am no lawyer I don't think it would take a very good one to break the walls of my LLC and go for me personally since I self manage.