All Forum Posts by: Jennifer McPherson

My goal on this situation would be to 1 have a refund of at least the days they have someone new in the apartment. And 2. For them to acknowledge they have even rented the apartment as they still have not notified us they rented it so we no longer have to pay rent. When I spoke to them on the phone they had already rented out her apartment and someone had moved in and they still did not say they rented out her apartment and she is resolved of her lease. We are obligated to pay rent again on the first. I have a home that I rent out so I understand some of the laws here in CO and what they are doing is not legal. How many students have they done this to? Who continue to pay rent but do not live there all the while they rent the apartment to someone else? If I need to fight based on principal and the fact they clearly are committing fraud then to me it's worth it. I am not really one to let people walk all over me. Just want to know if someone knows of a reputable attorney in TX to handle it.

Ok this is a long story so I will make it short... we live in CO, my 20 yr old was going to go to college in TX. She (and me as her grantor) signed a lease at CEV Canyon student apartments. She later found out the school requires her to live on campus if she is not 21 or does not have 60 credits (she is 20 and only has 58 credits). She could not afford to pay both the apartment and to live on campus so she is not going there now. I called tha apartments and they said we could relet and we can advertise and they would do everything they could to help. The manager told me they thought it would go fast cause 2 bedrooms each with a private bath are very popular and hers was the only one left. Fast forward now on month two of paying rent. I referred a few people to the apartments and never heard a thing. All the while my daughter is paying rent. I decided to have my husband call and pretend like his daughter was looking for a two bedroom. They told him they don't have any only 4 bedrooms. The next day he called them and specifically asked if they had any two bedroom relets. They told him no. I called them and confronted the guy and he told me his employee didn't know and that they were telling people about her place.... lip service.... The apartment had previously emailed my daughter who her roommate was and her contact info. So my daughter texted her and asked if anyone was living in her room which is a locking room and she told her that a girl had just moved in. Needless to say I feel like we have a pretty good case of fraud against this place. I am wondering if I should get an attorney here in CO or one in TX? And any recommendations??? Thank you! Jennifer

Bill S. Thank YOU Bill. I will consult with my attorney about the LLC for sure. Very good point on the license... I have zero intentions of selling real estate so perhaps just further education in specific areas might be better suited. Thank you so much for responding about the water bill scenario. Obviously we are not seasoned and I am pretty sure by the time either this lease is up or (more than likely before) we will have learned many many many valuable lessons. I am very thankful and appreciative for your knowledge!

Bill S. Wow I did not know that you had to be licensed! We are not planning on managing any property but our own. My husband and I have decided to get licensed anyhow so we can become way more educated as we venture down this path. They paid last month.... But not this month yet and we served them their notice yesterday. Last time they made partial payment (full rent but not the water bill). I accepted as I didn't want to be out $2500 rent! This time they pay all or we are evicting. Their water bill is nearly $500 right now. I am considering having a property management company do the background checks etc. next time, anyone have thoughts on that strategy?? Obviously we failed with that our first go round...

No I have no idea who they even are. Maybe it's just a mistake but it seems really fishy because if you are leasing someplace you would think you would have the name and contact of your property mgmt company.  I just didn't know if there is some kind of scam or something out there that maybe they are just trying to randomly trying to get money?  It's really strange for sure.  And I will probably do something to get my attorney fees back for sure.  Cause he has to respond so I am sure it will cost me a few hundred at least.  

the management company is ours. We set up an LLC to manage our property under. We only have one property this far and want to accumulate more so they will all be managed thru the LLC. So our company is being sued for not returning a deposit. But we nor our company own or have now or ever have had anything to do with the property the people were renting and are suing is over. We have NO association what so ever

Wow! Nothing like rough patches straight out of the gate for the newbies! First... We nearly had to evict our first tenant and I wouldn't be surprised if this month is the same scenario... And today....my attorney was process served a court date as our property mgmt company is being sued for $3k for a deposit not returned on a house we don't own or manage in Durango CO! I feel like this is a scam to see if we respond and if we don't they are awarded $3k. Of course my attorney is responding but it will cost us money. How is this even possible? Has anyone ever ran into this with your property mgmt company? Thank you! Jennifer

ah..... Noted @Ralph R.!   Thank you so much! 

And.... With about 6 hours to spare.... We received cash payment for August rent! Lesson learned... A few anyhow... Day 2 of the month rent is LATE. I will serve the notice. Next lease... Change from7 days to pay or quit to 3... Maybe include water in the rent?? Increase the rent by $150 a month. Erie has really high water prices.... And there is more lessons I am learning as I go along! I am thankful there is a place like Bigger Pockets! I would have been floundering all over trying to figure it out!! Thank you everyone who piped up and gave advise.

Bill S. Do you know of a good CPA who specializes in the rental market ? I need to connect with one for taxes next year and see if there is something I should be doing now to prepare! Thank you. Jennifer