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All Forum Posts by: James Mc Ree

James Mc Ree has started 26 posts and replied 1105 times.

Post: Cash to buyer if Seller Assist exceeds limit?

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

Consider exploring the realtor's insurance to pay the remaining 1%. It's impossible for the agent to argue she didn't know since she has both sides of the transaction and is hired to know the regulations. Similarly, the agent works for the broker with whom you have the contact making the broker responsible as well.

This is a very common limitation the agent should have known to at least ask about.

Post: Evicting section 8 tenant

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

I am in PA, so no OH experience.

My recommendation is to hire an attorney local to Columbus with eviction experience. Getting the procedures right is critical and don't want to rely on an Internet discussion group with no skin in the game and thousands of your dollars at risk. For example, if you continue accepting rent payments, your 60 day notice may be nullified depending on OH laws.

https://www.nolo.com/legal-encyclopedia/the-eviction-process...

Post: Evicting section 8 tenant

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

You should have copies of the landlord-tenant lease and Section 8 lease. Those are your governing documents. You should be able to request a copy from the local Section 8 office. Follow the lease termination procedures in those docs.

Section 8 requires a 60 day written notice. You can't evict them until that time elapses and they are still there. It should be easier after 60 days because they no longer have a lease. You have a major power over the tenant at this point: an eviction or leaving the property owing you money could result in the tenant losing their Section 8 voucher and having to wait years to get a new one. Your Section 8 case manager might be able to help explain that to your tenant to move them along.

You can make a request to Section 8 to raise the rent. Talk with your case manager about that. Evaluate your local market to determine fair market rent for your property. Look up what Section 8 thinks is fair market rent and make a request. Section 8 will then approve something after talking with the tenant to see what they can afford. You can decide to keep it or not.

Post: CMHA Section 8 Refuse to Pay Back Rent During Inspection

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

The trigger for CMHA to start paying is the passed inspection. They don't know if you fixed the issues the day before the inspection or months before. They go with the inspection date. It's unfortunate COVID got in the way. That impacted a lot of landlords much worse than this. Unfortunately, it's not a reason to auto-pass.

Instead of taking CMHA to task, you might want to do so with your property manager. Ask why they are allowing unused hot water tanks, windows nailed shut, surfaces in need of painting, etc. I think CMHA will tell you they are following the contract. Your PM might not be able to say the same.

Post: How to calculate deduction from deposit for carpet when installing vinyl to replace

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

You can get a few quotes to replace the carpet with a similar grade of carpet to establish the cost. The tenant would pay to replace the carpet and you could do whatever you want from there.

The county easement effectively makes the ditch county property. The ditch was probably designed to hold a certain capacity of stormwater and it was below that capacity due to the growth. You should talk with the county about clearing it themselves since it is their ditch.

I would not add anything without county approval. The cloth is probably not a concern. The rock will reduce capacity and they may require you to remove it if you do not have permission first.

Alternatively, since the ditch was so overgrown, they might no longer be checking and won't care to even notice. It will depend on what you want to accomplish. Getting them to pay for the clearing is a possibility, but they probably won't pay for nor approve adding rock.

Post: Water leaking into the rental property

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

A roofer.

Post: I can't get title insurance, should I back out?

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

Title search and title insurance usually come together, but they are different. A title search is just checking to see if there are outstanding claims against the property. Insurance is the title company protecting you if they missed something. You lack that protection if you don't get insurance.

A foreclosure is a riskier situation because you don't know what is unpaid. Existing liens are easy. The title company can call the HOA, if there s one, and learn if there is a balance. They may miss the plumber who installed a new furnace and central air but wasn't paid yet and who hasn't yet filed a mechanics lien. That would be an example of the risk you accept without title insurance.

Post: Tenants with 5 small dogs? Is it a good idea?

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

I charge a per pet fee, but haven't gone over 2. I think 5 would be too many for me.

Senior dogs sometimes leave behind senior puddles. Collecting a pet fee in the present is unlikely to overcome the damage you may have for 5 dogs with age-related system failures. Don't focus too much on the dogs though. Vet their owners to see how they care for them. Ideally, visit them in their current home to see how they all live and what the place looks like. Your place is likely to look like that in a few years.

Post: Any thoughts on EverSeal for flat residential roofs?

James Mc ReePosted
  • Rental Property Investor
  • Malvern, PA
  • Posts 1,139
  • Votes 864

This is their web site: https://everseal.com/

They describe it as a quartz-based product, but don't go into details of exactly what is in it. The marketing says repairs are as easy as pouring more on. I saw some reviews where people loved them and others hated them. It was hard to tell if the haters were because of a poor installation by the franchisee or a flawed product. There definitely appeared to be installer issues that I might attribute to the franchisee, but they were trained by the company.

I've had torch down rubber roofs for 10 years and repairs to them are fine. I haven't had to replace one yet, did have one on top of another installed with no issues. Continuing with torch down or variants that are supposed to extend life further are fine. It would be nice to not have to do coatings at $400/3-years, but that's not a huge deal. I guess I am thinking of cost per year of service as my primary metric.

Without knowing anything, the EverSeal product looked like it might be cheap to install as it looks like just spreading a thick liquid across the roof. I would be concerned if the company would be around in 10+ years to honor their 50-year warranty and the franchisee's quality. I hadn't thought about insurance. Thank you @Patricia Steiner for that tip.