All Forum Posts by: Daryl Luc

Michael, a bit of advice....know your lease so well that you could recite it word for word without ever looking at it.  When reviewing it line by line with prospects, (you do, don't you?) prior to signing, the confidence that is communicated at that point goes a long way to showing that you are a no b/s business person.  Some things shouldn't be passed off to PM's without some confidence gained by them showing you up front they did the same effort.

Before going down the 'what is the law road',  as I stated in my first post, the owners are the problem, not the animals......so why not step back and ask the following questions of yourself.  What will be the situation you have to manage with two people that have mental problems yet to be shared?  Are they on disability? What mental health professional would prescribe a zoo as emotional support animals.  Yes, a zoo.  One each makes sense.  Why a third, well after the fact?  How many more and what species when you turn over the keys?  In a word or two, why are you even considering this to be for your benefit.

If you made the change in fuel then you might not have a clean argument in a courtroom to stand on the lease wording.  Plus, gas is cheaper per BTU than oil, so you just reduced your exposure.  The timing on your lease end date and your 'situation' needs some clarity tho.  It would appear you are making unilateral decisions on remodeling your property and then expecting the tenant to subsidize without any prior written agreement.  Why not wait until the lease is up, pull the trigger on changes to the property and lease terms offered and let the chips fall.

I can't speak to others experience, but I bought every property I now carry during the two years of 08-09.  All were foreclosures that required rehab work and in a couple of cases remodeling of floor plans to make current with out of pocket cash and my own skills.  I set a goal of $500 clear per SFH and held firm on background checks, reference checks, FICO numbers and lease compliance.  There have been a couple of memorable tenant damage billings since then as a result of my bad choice of tenant, but never a payment issue of the monthly rent.  All properties have doubled over the past 10 years (and taxes reflect that!).

You need a local lawyer to answer that one.  Forum speculation from multiple jurisdictions could be your worst nightmare.

I never really listen to the last landlord's 'impressions' of a prospect.  Any landlord is quick and happy to get rid of a bad apple, but are conflicted with telling you how bad they are if they are still on his property.  It's the ones two and three rentals ago that will tell you the truth.  And no one forgets the bad ones, ever. So if someone tells you they recall your prospect, but can't really recall much about them....consider it B/S.  Also, some local landlord associations have websites with forum sections specifically for the benefit of members to give tenant 'evaluations', but you have to be a member to gain access.

If you really want to know, look at their application and call their employers to find out the status and then decide your actions.

If  you find yourself willing to go down this path, realize that the problem with any animal is its owner.  If they have a legitimate diagnosis letter of a mental condition which in turn specifies how the animal will solve some or all of the problem, then consider six month leases and not the usual and customary on year term and a rigid, no flex, position on B/S tenants to be the shortest, least expensive path to elimination these scammer/professional tenants if it turns out to be the case.  Don't be too shocked to find out that there are some licensed professionals willing to craft such a letter without any evidence of a diagnosis.
Once at the end of lease, let it flip to month to month or announce non-renewal and self removal is required.  If month to month, you have the dual options of raising rent on thirty day notice, and/or giving 30 days to move out.  This lease type doesn't totally circumvent the current landlord issues over mandated payment suspension etc, but it does provide some property control without going to court.  The onus is on the tenant to make the first move using the law options and there's an old saying that applies.... "he who talks first loses".

@Marci Stein is spot on.  What was used is immaterial.  These days the difference in floor urethane oil v water is color.  That's all.  Normal wear and tear is sun bleaching etc.    Not normal wear and tear is anything caused by a tenant or their guests.  Tenants are the custodians of the property and therefore responsible for removing their shoes if they don't use throw rugs.  If your lease is circumspect as to what equals normal wear and tear, fix it.  Destruction of a floor finish by wearing it off should take 10 years.   There is an onus on the landlord/property manager to frequently inspect for improper care throughout the lease and give corrective 'advice' or issue non-compliance quits if necessary.  The choice is simple, you pay for not pursuing or they pay because you do.

I only take checks.  It's always been my go to in case my attorney needs to get involved.  The check account number makes getting paid in a judgement easy.  The bank can't refuse as long as there's money in the account.