All Forum Posts by: Daryl Luc

You could craft an addendum with three levels of repair/maintenance response times.  Emergency(heat's out), level one(failed dishwasher), level two(closet rod).  Assign a couple of examples to each at minimum and supply reasonable response times that are not guaranteed based on the queue of repairs for the entire property.  If your lease already has an at will capability to modify rules and regs, you can cite that as the authorization for the change and avoid an addendum.

I do not allow month to month in my leases.  All leases have a 60 day end of lease notification stipulation that applies in both directions.  I have to give notice no later than 61 days before the end of the lease that I will not renew, or produce the new lease at that time if I'm willing to renew.  Tenants have the same obligation, let me know before 60 days their intentions, or they forfeit their security deposit for that lease period if they are leaving.  If they want to stay, I can be flexible.  Each new lease must be signed 30 days prior to the end of the current lease and any new security deposit amount must be paid prior as well.  In  my state, the security deposit can only be equal to or less than one month rent and I always take advantage of that at renewal.

Why do I do it this way you ask.....I've yet to have a tenant only discover in the last thirty days of their lease that they are planning to move.  They start two or three months before the end of your lease, minimum.  More if they are buying a house.  Month to month guarantees the most notice you will get is 29 days.  I want a reasonable amount of time to get a new tenant as close to day one of the vacancy as possible.  It takes time to get a good tenant, with an application, and a credit and background check in hand plus contact prior landlords or references.  If I have a tenant that is buying a house and the move in doesn't comport with their move out as my tenant, I make them pay, on a short term lease rounded up to the next full month in advance.  This is known to them upon the initial lease signing.  Their choice...pay to stay or move into someone's basement for a month or two.

Originally posted by @Jermaine Chad Ingram:

@Marysue Connelly are you paying for lawn care? If you are you can have your lawn service report to you whether or not they feel that the yard is clean enough for them to do their job in in as sanitary a manner as possible. If my lawn guy complains that he’s walking through dog Poo then I would charge them for that cleanup

 You could find yourself in court with that approach.  You are making a tenant responsible for pleasing someone they have no relationship with and with a condition of monetary penalty for not meeting their subjective evaluation of what is and isn't a standard.  In tort law it's 'a contract to make a contract'.  Not legal.  If they don't pay up, and you subtract from their security deposit and they decide to sue you....be prepared for punitive damages awarded them.  A contract, to be legal must be mutual, contain performance, compensation and the parties to the agreement must be credible.  Your idea doesn't meet that standard.

skip the security system....get a ring.  Even easier to install and move.  Get a neighbor to allow you to use their wifi as a guest.  Have the ring set up to ping your phone every time someone approaches.  Call the cops immediately if someone tries to enter or better yet if you live in a community that is part of the ring network, the cops will already know.  Just give them a heads up as to the situation.

Dirt is not normal wear and tear.  All prohibited damage articulated within your lease or as an addendum are not normal wear and tear.  Any damage not indicated on the move in condition report mutually signed by you and your tenant is not considered normal wear and tear.  And so on.  Normal wear and tear is things like sun bleaching of carpet, algae on siding and roof, dead annuals at end of growing season, etc.  Paint is in most jurisdictions considered to have a max life of three years in a rental environment.  Your judges may think otherwise, check with other landlords in your market.  Important to know, because after that period, charging for a repaint is a possible problem if you get pulled into small claims.  By the way, you are exposing yourself to some real non-recoverable expenses if your are not re-signing a lease each and every year and adjusting the security deposit to reflect increases in rent and market refurbishing costs.

It's a con.  Used to be called land contract...same thing.  The math doesn't work for the 'renter' because of the poundage that has to be added to the rental agreement....you have to craft a timeline for the purchase to strike, then design your right of first refusal and it's non-refundable surcharge above and beyond the security deposit, and the monthly surcharge that is to be dedicated to the down payment.  No one in their right mind will commit to that on a 'trial' basis to see if they like your house.  Oh, not doing those things?  Then you're the one who will be taken.

Weekly.  Before you ice this deal, call a couple of poo pickers and get quotes.  Include the highest one in your contract language and indicate that it will be enforced at your discretion upon inspection.  There's no formula for how much is too much so it's all up to your 'measure'.  You do not have to give notice to visit the yard, garage etc....only the residence itself to enter.  Make it a point to do the inspection until you're ok with their performance.  Because you used the high number quoted, and they may google the same list of poo pickers, they'll hire the cheaper one (I would) and your problem is solved.

FYI for your future consideration, don't ever permit a 'ghost' to help pay the rent with your knowledge.  Anyone, sister, father, ex etc. who is supporting a tenant's cash flow should be on the lease as a co-signor and identified in that way.... and do your due diligence with at min. a credit check on the co-signor.

A separate LLC for each property. Personal assets are held in an irrevocable trust. The usual and customary battery of insurance coverage.

For those of an age that are looking at LLC membership as a means to avoid Medicaid look-back issues....here's an informative article. https://www.trustedattorneys.c...

Not just service animals, but it now extends to emotional support animals via the Fair Housing Amendment Act.  This new 'loophole' is starting to spread among renters with pets.