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All Forum Posts by: Account Closed

Account Closed has started 23 posts and replied 927 times.

Post: Eviction lawyer Orlando needed

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821

So as predicted by some smarter people than me one of my tenants did not move out, did not pay January rent, and now is saying he is using February as last months rent...

So since I delayed I filing eviction I need an Attonery in central Florida Orlando area that is quick fast and will go after past due rents during court proceedings. 

Anyone have someone they have used in the past that meets that criteria?   My last lawyer just didn’t workout for us so need someone new.  

Thanks so much. Maybe this will teach me to be never be so naive again. 

Post: Inherited tenant question

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821

What @Nathan Gesner said.  Sound advice from an experienced PM and investor.

Post: tax benefits of buying a $2M dollar home as first time home buyer

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821
Originally posted by @Natalie Kolodij:

Are you occupying one of the units or is it just a rental?

Now- If you can afford a 2 mil property I'm assuming you likely make more than 100k-150k annually which means that even if the rental generates losses on paper- your income would be too high to deduct them against your other income sources. 

And that’s the largest question of the day.  Is there anyway to actually capture the paper loses if you make 200k plus a year?  Given that any deduction is from the ~27-32% tax bracket.

Post: Security deposits were returned to tenants for violation

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821

@Yesenia Martinez that’s a new one.  Is this in writing?  Is it in the estoppel agreements that were signed by the tenants?  If not get them to sign what the landlord has or does not have. 
because if you go to closing and the seller actually had security deposits and didn’t hand them over, you are still on the hook to return the deposits minus the deductions for damage.  

Post: Tenant refused to move and threatening lawyer

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821
Originally posted by @Marvin Meng:

Does your lease specify anything about month-to-month? It sounds like you sent a renewal which they declined. I do the same thing but my lease also specifies that at it's expiration the rent automatically reverts to MTM, at anywhere from $25.00 to $50.00 (depending on the property) per month more. 

Also, do you want them gone? My suggestion: Send them a notice (IL requires 30 days) advising them of a rent increase (your MTM rent) and also offering them a renewal at whatever rate you'd like. They can sign it or move. If they refuse to pay the new rent (either the MTM or renewal) you have grounds for eviction.

 Thanks

lease has a built in 50 dollar increase. 

I sent the letter of renewal of annual, move out, or go month to month (with increase) back in November and they refused to sign it.  

Yes I probably will get screwed over.  I’m typing up a non-renewal letter with a demand letter for last months rent as required per lease.  

Post: Tenant refused to move and threatening lawyer

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821
Originally posted by @Marc Winter:

First, fear no tenant!  

Next, whenever I have a tenant tell me they gonna get their lawyer or will sue, I tell them, "Please have your lawyer contact me directly.  Any further communication between us must be in writing--email or letter, NO TEXTS, as per OUR attorney's instructions".  

After that, we serve them proper notice (assuming we want them out).  

Do not, EVER, let a tenant control your business. 

 That is probably the best advice I’ve ever gotten.  Thank you.  

Post: Tenant refused to move and threatening lawyer

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821
Originally posted by @Bjorn Ahlblad:

@Account Closed What does your lease say? I'd be OK if they are paying on time; tell them to give 30 days notice-or whatever is required in your locale-if they intend to leave.

The lease says they are suppose to provide written notice.  They refused but verbally said they were moving out Jan 31. So they “used” their last months rent for January. And now they aren’t moving. So I don’t have a last months rent as required by the lease.  

Luckily I built in a automatic 50 dollar increase if going month to month.  So there’s that.  

My issue is they have just been difficult about this situation and I’m ready for them to move.  I’m worried that they may damage the property if they “feel” one way or the other.  They were great paying tenants up until this point.  

The law and lease said 60 days. But now it is 30 days since it went month to month.  But it is in writing. So since they refuse to provide written notice, think the guy that says “the mans against me”.  

I know this is just part of being the owner, however when it happens it still sucks. 

Post: Tenant refused to move and threatening lawyer

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821

I’m not sure where to start with this person.  

They refused to give proper written notice at the end of their annual lease to say whether they were staying or going to depart.  Verbally they stated they were departing. 

So we set up move out and started taking appointments and applications (luckily I didn’t run any yet). 

Now they say they aren’t moving and have since not moved out.  Won’t give a timeframe for when they will move and won’t sign anything.  

Do I just go while he’s paying (I don’t typically do month to month)  and just one day they will be gone and I’ll move new tenants in?   My concern is they just chuck the annoying threats of ill have my lawyer contact you.  I’m not worried about some lawsuit or something.  

So do I send notice of nonrenewal and a move out date or just be happy they are paying and collect rent and stop stressing. Thanks 

Post: 1st month owning a SFR, tenant tells me today she pays the 3rd wk

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821

@Tiffany Drahonovsky at one property I wouldn’t concern myself with the date rent is paid as long as it is on time and works for you.  But once you start getting more properties and you have say 10 units, 5 pay the 1st, 2 the 5th, 1 pays the second paycheck of the month, and your current tenant. How long until your accountant pulls their hair out or charges more, or before you spent 10-15 hours a week driving around collecting rent.  

    It works now and I bent around backwards to get tenants to pay. But you just need to have a line in the sand and trail and error on systems that work for you.  

    I have a tenant that pays on the 5th and one that pays the second paycheck of the month (learn thru others) and it is a pain in the butt to get that money sometimes. I’m actually about to transition from a “sorta” employee PM to professional PM service even at costing much more.  But I’d rather have my 5-10 hours a month back then 150 dollars. 

How do you collect the rent?  
The whole work in your business and not in it is something I struggle with. And realized how much I do as I typed this response.  

Post: First Rental Property - Need Advice

Account ClosedPosted
  • Rental Property Investor
  • Central, fl
  • Posts 950
  • Votes 821

What’s your question?


numbers look right, just not a good investment.