All Forum Posts by: Daryl Luc

Anna.....Most of those I know use the quiet enjoyment section within the lease to lay out house rules of behavior.  It all goes together in a yin and yang sort of way...not unfortunate at all.

Originally posted by @Dennis M.:

If your still collecting rent then it really isn’t a concern for you . Your business is to collect rent not play Johnny marriage counselor and You certainly don’t want to kick out the primary breadwinner over an ethics or social reason. My advise is Don’t be a hero just stay out of it !

This is one correct way to deal with this.

The other would be to decide you don't want to deal with the drama and notify them in writing that any further 'events' and you will send them both packing by invoking your quiet enjoyment clause.  You do have one of those in your lease, yes?

Depending on your current mortgage escrow servicer, you could end up with a good deal of time spent (3+ months or more) straightening out who is who when insurance is refunded to one party and the new deed name comes across with the insurance reissue...and doesn't match the name on the mortgage  It's called warts and hair...and it's all on you to figure out how to make the bank understand how that's ok.   Ask me how I know.

Let it go.  The only real way to collect going forward is to get a judgement, then file a lien against the individual for the judgement amount.  Once recorded, it will sit in their credit history until and after they pay it.  This will be a thorn in their side for a long long time....like every time they want to buy a car with a decent interest rate (wont' happen), get a credit card with a decent rate (won't happen)....and their insurance will get increases for as long as the judgement is showing in Equifax, etc.  Rental judgements can stop a mortgage dead in its tracks. 
During lease review prior to signing, I share this with the new tenant to let them know exactly what to expect from me if they don't perform as agreed.  So far, so good.
Experience is what you get when you don't get what you want.

When a tree falls onto your investment, it's yours, and it's referred to as a cost of doing business.  I've been advised now for years by my ins. agent to carry a very high deductible ($1500 per house) on our properties.  I don't recommend you involve your insurance company unless there's is physical damage to the real property that exceeds the deductible by a factor of two because you will face increased premiums that eat that up...and then some.  By the way, in almost all cases any damage to the yard is not covered unless you put a rider in place when you set the policy in effect.

I was an HOA president for 15 years: An HOA serves two purposes. Purpose one is for the developer's 'protection' before the development is completed. Purpose two is for the protection of the owners of the real estate through the concept of uniformity and conformity standards.  The HOA enforces it's rules and regs with few limitations because it is considered to be a personal contract between you, the owner and the Association.  You agreed to each and every word in the Declarations the minute your sale was consummated.  This contract is made a part of the deed and recorded with each and every transfer of each property within the HOA.

Some clauses in HOA declarations have been outlawed in the past...flags, satellite dishes, certain types of signs. Most are declared null and void because they infringe on rights outlined in the Constitution. But what you want to do hasn't been overturned and allowed anywhere it has been prohibited. The clause you cited would also create an HOA breach if you were to list even one room on AirBNB, VRBO etc.

Before you start to think about challenging the HOA, first it costs a ton of money. But more importantly: As I stated, the contract between you and the HOA is a personal contract, and because you are a member of that association by virtue of that contract, to try and sue an HOA is viewed by the courts as an attempt to sue yourself....which isn't possible.

Don't get caught up chasing a $5 with a $20. Even if you find out 'who', can you collect anything?  What's your time worth and how much will you spend on this.  Unless someone steps up, you got nothing. If this is a one time random issue with the tenant you are 98% sure about, move on is my advice.  If it's not, then you have a bigger issue with lease breaches. 

What most of us have learned over the years...vet, vet, vet your tenants when they are still prospects.  Don't hesitate to go to where they currently live to see for yourself if they're pigs.  I try to visit within twenty four hours of 'acceptance' to go over the lease prior to signing.  It's not against the law to talk to their neighbors about any issues.  Previous landlords...be careful...many will give a glowing reference to get rid of a bad tenant.  I've even had prospects give landlord references that show up as relatives when you look through social media accounts, obituaries etc.

Jeff, your response is not entirely accurate.  There is case law that determined that a fence can be purely for esthetics, not containment, ergo no liability for breach.  Case law also supports 'grandfathered' fences that are inherited through the property purchase and passed inspection at transfer.  Etc.  Common Law however would dictate this: My neighbor's fence is my neighbor's fence.  If I need to contain an animal, then it's up to me to manage that, not my neighbor.  In lieu of some upside down local law, this is exactly how a judge would comment just before dismissing a civil action.

Containment of animals falls squarely on the animal's owner and no one else without regard as to the direction the fence posts face.  Insurance companies are the last place to take advice on legal matters. And I might add, some lawyers give bad advice as well.

No one has ever had a good reason to make future payments....but more importantly, no landlord has ever given a good reason to accept them.

Exactly this ...

Originally posted by @Timmi Ryerson:

In my leases, I have a clause in the repair section that says that if there is a repair scheduled and the tenant is notified and does not show up, the tenant is charged the vendor trip fee. or $150 whichever is more. I have the tenant(s) initial that paragraph.  I have never had an issue with tenants not being present.