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All Forum Posts by: Ashley Hernandez

Ashley Hernandez has started 12 posts and replied 99 times.

I agree with @Thomas S. if you allow them to break conditions of their lease then you will have to make exceptions for everyone... slippery slope.  I am a dog lover myself however I can tell you with complete confidence in rental situations it ends up costing the landlord TONS of money after they move out.  Better to just avoid.... 

yeah unfortunately you get the inherited leases and tenants.... best of luck to you 

Post: Who should pay for dishwasher repair?

Ashley HernandezPosted
  • Yuba City, CA
  • Posts 101
  • Votes 52

Anything beyond normal wear and tear would be considered tenant damages.  Unless it is a defect in the product then that is unfortunately just the cost of doing business.  

Post: Tennent screening questionnaire

Ashley HernandezPosted
  • Yuba City, CA
  • Posts 101
  • Votes 52
Ryan I suggest you start with some fair housing training first... you have to be very careful about what you say and do not say to potential applicants so hat you do not discriminate... also most local renters associations have general applications and rental documents that you can use and as always consult an attorney as well!! Hope that helps congrats on becoming a new landlord!!!

Post: Going Rate for Cash for Keys

Ashley HernandezPosted
  • Yuba City, CA
  • Posts 101
  • Votes 52

I would take that deal. Pretty high offer

@Kevin W. if you do this for one tenant you must do it for all. Or you could be in violation of Federal Fair Housing Laws.  I would definitely not get overly emotional about their financial issues because it is exactly that THEIR issue. I would issue the pay or quit and get them out.  You are not a bank I am pretty sure they still are making their phone payment etc.  when they should be more concerned about paying you.  

This is your business and it should be run just like that.  I know its not always fun but I do not think it is fair for you to be footing the bill either. 

Post: Tenant Deposit Return

Ashley HernandezPosted
  • Yuba City, CA
  • Posts 101
  • Votes 52

I agree with Eugene!  Send it to all three and let them figure it out. 

Post: What are your processes?

Ashley HernandezPosted
  • Yuba City, CA
  • Posts 101
  • Votes 52

Justin I would make sure you have your selection process written for every applicant to review and sign as well.  That way you are not getting into fair housing issues.  

Post: a few tenant issues/questions

Ashley HernandezPosted
  • Yuba City, CA
  • Posts 101
  • Votes 52

1.  You should definitely require 2 forms of "proof of domicile elsewhere"  acceptable forms of proof would be utility bill, lease agreement, rental receipts, photo id.  This should be in the form of a notice to perform conditions/covenant or quit.  If they do not provide you with that within the time frame then you could give one more and then move to evict.  Depending on what your lease states.  (you could possibly have to give 1 more notice that way you are showing the court you tried to get the resident to comply) As for the smoke smell this would be very hard to prove.  Because in front of a judge this person is most likely going to say that they a. do not smoke in the house so the smell just could not be coming from them or b. they just do not smoke and had to of been coming from another tenant.  I would make sure if you do send them any notices about this type of thing I would get supporting letters from the surrounding tenants that way it does not look like you are just targeting this resident.  When you serve any notices you include the tenants name and also "and all others" this is what my attorney has done to make sure we cover all people living there. 

2. I would definitely serve this tenant with the notice to perform conditions/covenant or quit for having an unauthorized guest.   I agree you should be performing quarterly inspections of the unit that way you are able to stay on top of these kinds of things.  Take lots of pictures anytime you are in the unit for any inspection.  I also do annual inspections and document the units condition and take pictures as needed.  I would just make sure that the moment you see any breach of your lease agreement you give them a notice right away so that they know you are very serious.  Hope this helps!!!! Good luck! 

Samantha have you taken any fair housing classes?  You could not discriminate based on her and her two kids causing more wear and tear. You also cannot restrict your unit to 1 adult.  Most guidelines state that you can have 2 occupants per bedroom and 1 in the living room. I would stay far far away from anything that can look like you are discriminating against her based on her familial status.  if she meets your selection criteria I would allow him to add her. Then depending on what your lease states in regards to water usage and fees you could go from there.  If you are unsure I would definitely consult with an attorney most will give at least a free consultation.   

I would definitely not bank on the fact that she may not know the tenant landlord law because that will open you up to a whole other mess! Hope this helps!!