All Forum Posts by: Jeff Willis

You are going to take a hit on this. Verbal agreements are useless (he said/she said). Give him some cash to move out. Suck it up and move on. Lesson learned. 

Keep in mind, when claiming lost rent, you have a duty to mitigate your damages. As an example, if there were six months remaining, you do not have six months of lost rent. You have to show you were actively trying to rent it for that period. If you rent in one month, then your damages are one month's rent.  You may have a liquidated damages clause in the lease, but that can cut both ways.  

I reading the below from HUD, I am going to hazard a guess that the answer is YES. I think that 5 steps falls within the requirement of "four or more steps."

Under HUD regulations, any house or apartment that has four or more steps must have a handrail installed to prevent the potential for injury. This rule is regardless of whether or not the tenant has an injury or disability and applies to all HUD sponsored properties. In addition, the handrails must run along the full length of the steps as partial handrails are not considered acceptable under HUD regulations due to the potential for injury.

When you purchase, you assume assets and liabilities unless otherwise specified. The terms and conditions of all agreements are assumed by you, this included rental amounts and deposits paid.  The tenant paid the deposit and you assumed that liability and the deposit transferred to you (maybe not as a credit, but legally). If it was not listed as credit, then you need to deal with the seller, but good luck. The deal is done. For all practical purposes, it is as if they paid the deposit to you and you are responsible to the tenant to refund the deposit when they move.

Nothing to do with cybersecurity

This falls under Personal Identifiable Information as defined in 2 CFR § 200.79 - Personally Identifiable Information (PII). Many states have specific laws on the storage, protection, and release of PII information, whether intentional or negligently. If the information is misused, liability can attach

http://www.ncsl.org/research/telecommunications-and-information-technology/data-security-laws.aspx

Whether the debt is valid or not or who is responsible for payment is not part of my response.

Never try to deal with a collection agency. They have only one purpose in life, to collect debts. They are not your friend and they will not help you in any way.

All you need to do is file a dispute with the credit bureau(s) that show the debt. This puts the onus on the collection agency to prove the debt is valid. Under The Fair Credit Reporting Act, the collection agency has a finite amount to reply with supporting evidence and if they don't,  the delinquency will be removed from your credit report. Do this for ALL agencies that show the delinquency.  https://www.debt.org/credit/your-consumer-rights/fair-credit-reporting-act/.

Is doing this (assuming the debt is valid), you are playing the odds that the agency will not respond and if they don't, it is removed. If this fails, and the agency is able to substitute the debt, then negotiate with the agency IN WRITING, that you will pay the debt IF they remove any delinquency from your credit report that refers to this debt. You have the upper hand; they want their money and now you can set the terms. There is no downside to you, assuming it is a small debt. Good luck suing you.

I (my management company) has been called for a reference, and we have called previous landlords, and by asking one question, we get all the information we need. Basically, references are useless and providing a bad reference will get you sued. You can find out all you need to know from other sources.

I am deviating a little off your question, but this is an important topic. I have been in the rental & rehab business for over 40 years. I am also the CIO of a large multi-state corporation. I am saying this because I want to give a little perspective of who I am and why I will be answering the way I do.

Whether it is prior rent locations on a rental application or previous employers on a resume, it makes no difference; it all comes down to liability. If you are asked for a reference and you provide anything that can be construed as unfavorable and it is perceived that they were unable to rent because of that reference, you open yourself up to liability may very well be sued! Same in employment. If we give a reference that is the slightest bit negative, we open ourselves up to liability, and it is a ‘non-winner.’ Even if you win the case, you lose in the time, costs, and aggravation.

Our corporate employment law attorneys have provided guidance, and my real estate attorney has blessed this guidance. The guidance is:

When providing a reference, you can answer only one question: “is xxx subject to rehire.”

When providing a reference for a rental, you can answer only one question: “would you rent to xxx again.”

So, if someone calls you for a reference, regardless of the questions asked, your reply should be, “are you asking me if I would rent to them again?” Then answer accordingly

If you calling for a reference, explain that you are not calling for a reference, and say, “I just want to know, would you rent to them again?”

You don’t need to know anything more and you don’t need to provide anything more.

No such thing as a good "home warranty" company. They are all crooks - see the discussion at

https://www.biggerpockets.com/forums/52/topics/733672-looking-for-a-reliable-home-warranty-company-any-suggestions?highlight_post=4322204&page=1#p4322204

Absolutely. It is part of their due-diligence. I would want to know everything about the property, the tenants, leases, etc. You probably claimed the value of the property was based on income from rentals, etc., well you need to validate it.  If I were the buyer, and you hesitated to provide the due diligence documents, I would walk away.

It is no different than a bank requesting W2's, employment verification, tax returns,  etc, during the loan process.

If you did not authorize the repair, then ask them who authorized it and show you the authorization. If you did not authorize the work, he has the right to remove the installed parts and return your system back to the way it was found. You can not unjustly gain this transaction.

The circuit breaker costs $10 
https://www.homedepot.com/p/Square-D-Homeline-30-Amp-2-Pole-Circuit-Breaker-HOM230CP/202353325

The motors vary between $75 and $110

Assuming the repairs were not authorized, make him a deal. You will pay for the parts + a$100 for labor or he can remove the parts, and return your old parts.

If he is able to show you authorization and your state does not require a written estimate and approval, then accept this as an educational experience and move on.