All Forum Posts by: Ying B.

@Marc Estepa

I will add more on my experience with the Ozone machine.  After all the rehab and in many areas repainted, the inside of the property continued to give out a "sweet" smell. We thought initially perhaps tenants used some scents to disguise the cigarret smell and we unplugged all the scent devices left by the tenants.  I believe they even put some type of attachment in the air filter system that may also help disguise the smell. We got rid of all that we suspected that might have contributed to the "sweet" scent but the same smell lingers on.  As a matter of fact, if you open the front door and step outside 10 feet, you can smell that.   Then my PM offered an Ozone machine. It run for I believe for the entire weekend and some and did not help get rid of the smell at all.   By the way, Ozone can cause irreversable damage to the lungs when the machine is run. So we all need to be not in the space when it is run.   I have not tried this but an HVAC company suggested UV lights installed in the ductwork or near the AC coil, but I also see stand alone ultraviolet air purifier by googling.  Perhaps this could help? 

I will give my perspective as a landlord on the cigarret smell issue I dealt with post move-out. I believe carpet traps smells: whether it is from the cigarret or pets and it is almost impossible to get rid of. 

In the Lease, we have the following language: 

Smoking: Smoking is not allowed inside the premises. If there is are signs of smoking,the tenant realizes that the walls will likely need to be sealed with primer and repainted.Tile grout will have to be cleaned and carpet replaced to rid of the smoke odor.  The cost will be incurred solely by the tenant. Outside smoking area must be left clean and free of cigarette butts and trash. A minimum $500.00 fine will be assessed if violation occurs.

Addendum: “SMOKING IS NOT PREMITTED INSIDE THE PREMISES. If there are signs of smoking, the tenant will be liable for costs incurred to perform the following services: prime & paint walls, professional clean all floors & in some cases replace carpet.”

My tenants were evicted and did not do any cleaning Marc Estepa did, left tons of possessions we had to spent $1062 just for the eviction crew and trash out alone before we even start having contractor start all the rehab.   The eviction crew stated all their clothes had heavy cigarett smell. So coat closet and small hallway closet do smell cigarret.  One bedroom/closet the cigarett smell is strong especially when heat rises and the smell is trapped in the carpet.  So for that space, we did prime/seal the wall, repaint ($370) and replace the carpet ($499).  I believe these cost should be charged to the tenants per our Lease agreement. 

Bottom line is it is impossibe to rid of the cigarret smell without the replacement of carpet in our situation.  

I believe your course of action is to File Dispossessory not based on non payment but based on Lease Violation(s). CDC order only applies to non payment. Read through your lease terms closely and find every clause that the tenant(s) violated.  Use those (such as unauthroized pets, etc.) as basis.  Inpect the property to see if you have any proven damage beyond normal wear and tear for your record.  

We had success in evicting a non paying tenants in June (filed in Feb) as we were not covered in the CARES Act.  We also got a default money judgment. However the PM forgot to fill out a dollar amount that accures daily till case is settled so our default judgment is much lower than what actually owed.  So we now are planning to sue for back end and damages that exceeds 15K. 

If you will have unpaid rent and damages that at some time you want to pursue, it is best you claim it correctly in the initial paper and hopefully get a default judgment. So when it comes time to collect, you already have a judgment that represents the complete scope.  

I believe the following link is the actual Executive Order: 

https://www.whitehouse.gov/presidential-actions/executive-order-fighting-spread-covid-19-providing-assistance-renters-homeowners/

Does it extend the moratorium only on the same categories as covered in the CARES  Act?  Or has it expanded the coverage to all properties (including those free and clear)?

"(c) The Secretary of Housing and Urban Development shall take action, as appropriate and consistent with applicable law, to promote the ability of renters and homeowners to avoid eviction or foreclosure resulting from financial hardships caused by COVID-19.  Such action may include encouraging and providing assistance to public housing authorities, affordable housing owners, landlords, and recipients of Federal grant funds in minimizing evictions and foreclosures."

@Katrina Cabral re: "Georgia is one of the few states that still allows evictions for non payment of rent" - this is only if yours is not covered under the CARE ACT.  There are real risk for the federal eviction moratorium to be extended and many times worse to the landlords than the CARE ACT.  We don't yet know the details on what the 2nd stimulus bill looks like in this regard.  We know Senate resisted this notion, but Trump/WH are for it.  Worst it could happen is 1 year blanket eviction ban regardless if one has a federal backed loan, or if you own the property free and clear (my case) and even worse as Elizabeth Warren wanted rent forgiveness!   Probably we will know more details in regard to federal eviction moratorium by mid August.  By the way I just went through evicting a 5 -6 month non pay tenant taking advantage of the system.  Landlords are vulnerable at this time.  I am inclined to vote for you to sell the property even though that means break even only.   I see at least another half year of good time to sell before the reality of the economy sinks in.  If you want to pursue the landlord route, wait till we get complete clarity on what the federal eviction moratorium extension looks like.  I already placed a new tenant 7/24 then I learned a couple of days later the extension of the eviction moratorium is a real possibility.  I would have taken the listing off the market had this news broken  a few days before we approved the tenants, seems to be  higher caliber tenants this time but I don't want to deal with risk again.

I am property owner and uses a PM.  After 5 months non payment, Tenant finally got evicted.  The eviction crew + sheriff cost $760 and additional $300 for trash out hired by the PM.  Yet still driveway and yard were left with dangerous debris.  You tell me if the PM has done a good job!    In reviewing the court record of the tenant myself (by the Tenant name), I found 2 judgments (7 and 4 years respectively prior to she rented my property).  The move out scope of work produced by PM missed tons of important items: such as garage door damage, cigarette damage, etc. When I brought these up to the PM, I was met with dismissal.  They offer "to make it as right as possible" to only charge me 25% of 1 month rent in order to place the next Tenant.   I will be hiring collection attorney to pursue the back rent and damages because I have come to the conclusion PM will not be aggressively represent me in pursuing all that is legally owed to me.  So now you have a hard core Landlord, and a PM who prefer to move on and will see little value in exhausting all legal recourse in pursuing the back rent.  This dynamic is not working for me.  So my decision is to let PM stay out of the collection process. Let me work with my collection attorney on that process and let PM just handle placing next Tenant and onward.  I will need to have input on who is allowed to rent my property next time because I do not trust the judgment and lack of standard and care to my property.  

Reading the responses so far most people are collecting rents.   

I am the property owner of a SFH and use a PM. The tenant has not paid from Feb 1 to May 1 which is 4 months rent. So the issue started a couple of months before the "Shelter In Place" order. Dispossessory suit filed Feb 24 and Writ of Possession and Money Judgment were signed on May 15 and sent to the Sheriff's office, but Sheriff office is on hold still. There is no Moratorium in Georgia (my state) on evictions. Georgia is a landlord/business friendly state. My property does not have any mortgage, not under the Care Act. This is why we are able to get the Writ of Possession. Tenant is squatting. Total owed by now would be around $7500 +. PM's initial dispossessory affidavit only asked for the 1st month rent, late fee and court cost, as that was filed in Feb and that is what the amount of Money Judgement granted. This complicates the situation as now tenant is not 1 month but 4 months in arrears, which means we have to file another suit to claim additional rent owed up to tenant leaves. Any suggestion from the biggerpocket community would be appreciated.

I was satisfied with my PM in areas of handling routines until we faced a serious challenge of non paying Tenant (Feb 1 through May) refusing to move out even with the prospect of eviction.  In Feb, March and April I was aware of the non payment issue but I gave the PM space to do their job without closely monitoring the progress.  At the end of April, it became clear the Tenant did not intend to move out and PM indicated to me they don't have a way to get Tenant out. PM in the beginning of April offered giving back the entire $2500 deposit to Tenant if the tenant moves out in a week.  Tenant did not respond till end of April by then I really rejected the notion of giving her the deposit back as she already had arrears close to $6000.  The PM then offered Tenant from their operating funds $1000 cash for key but was told by Tenant she cannot move because PM gave the prospective landlord honest feedback of Tenant's late or non paying past so she is disqualified from the new landlord.  What disappointed me is that PM did not look into the legal possibility of getting a Writ of Possession signed and indicated to me that it may be July or September or even indefinitely before the Court could act on our case.   That is when I took matters on my hand: my property does not have mortgage and is not covered by the Care Act and Court starts to process in full force of those eviction cases since May 13.  I stayed on the process closely and the Court signed the Writ of Possession and Money Judgement May 15 and sent to the Sheriff's office, which is on holding pattern awaiting for County attorney's research.   So now we have a Tenant not moving with the prospect of impending eviction with 4 months in arrears.  So in this time I feel the PM is not finding all resources to fight for a solution.  I am the one who have to research and get clarity on the law and stay in touch with the court clerk regularly to see things through.  I am the one who finds out the current status, where the hold up is, etc.  Further I am not of the mind set to not pursue the back rent.  I would like to prepare to file FIFA, Wage and Bank Garnishment, and possibly an updated money judgment to reflect the rent owed till the date Tenant is out.  I'd like to get this all figured out soon.  I have the perseverance, determination and the ability to research the law but I don't see the PM at the same level of thinking as me.  I believe they are waiting for the Sheriff to execute the Writ and would certainly try to find a replacement Tenant but I don't see them pursue the back rent with the level of zest I'd like them to. I would prefer more resourcefulness and strength from the PM in this challenging time.   

I own a property in metro Atlanta Georgia and a PM company manages it.  Starting from Feb 1 till May 1, Tenant has not paid 4 months rent. Judge did sign a Writ of Possession and Money Order on May 15 but the Sheriff's office is on hold waiting for County Attorney's research so I would think probably in June the eviction may start and our case is the first on the list as we were the first that submitted the affidavit related to the Care Act and verification. Tenant in late April was offered a $1000 cash for keys via PM's operating expense and did not take advantage of it. My property does not have a mortgage and not covered under the CARE Act. Clearly the Tenant is taking advantage of this even with impending eviction. No sign of leaving the property.

I believe at this point the link you posted is not the one that passed the House.  This one is https://reason.com/2020/05/13/pelosis-3-trillion-coronavirus-relief-bill-includes-175-billion-in-homeowner-renter-assistance-and-blanket-ban-on-evictions/

I find the following EVICTION MORATORIUM appalling and am in strong opposition. 

Building on the eviction moratorium put in place by the CARES Act, the new relief proposal would enact a year-long ban on eviction filings over nonpayment of rent for all residential tenants, a bold and unprecedented move for the US. The previous national eviction ban only applied to renters in homes with federally-backed mortgages. 

I hope our County Sheriff will start execute the Writ of Possession the Court already signed for our case, before a blanket no eviction rule is in place.  This is a proposal of redistribution of wealth by government force.  Punish the law abiding property owners who do not owe it to the Government to provide charity.

I had an electrician replace a exhaust fan and the duct that came with it was 3" or 4" but the old exhaust fan was 2".  As a result, as it currently stands, the vapor ventilate to attic.  House has been vacant since the vent replacement but will soon has renters move in. I find this tread very helpful but I need to know what type of contractor can correct this issue? A handy man stated you already has an opening to the outside. All you need is a reducer to connect the two.  He did walk to the attic.  I have a plumber take a look as that's what the electrician suggest I use a plumber instead. Plumber stated that is not a plumbing job.  Please tell me should I find a roof repair guy? An HVAC guy? Or somebody who has done this before and can tell me how he plan to do it so I can see if he can do it right? The handy man as mentioned above said you need a reducer, etc., is he on the right track? Is he making an assumption that I already has an opening to the outside from the vent we replaced?  Thank you!