Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Joe Splitrock

Joe Splitrock has started 73 posts and replied 9759 times.

Post: Are direct bookings actually a negative for your business?

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564

@Scott K. it really depends most on how you can otherwise market the property. For example, if you had a lake cabin that had repeat customers coming the same weeks every summer, there is no reason to use AirBNB. Or in the case of @Paul Sandhu he is renting to longer term guests working jobs. He has found ways to get referrals and market to them directly and his methods are better than AirBNB without the fees. I rent to travel nurses using Furnished Finder, which is flat fee yearly versus cut of rent. If you can attract guests without a platform, there is little risk. You just need security deposit, rent agreement and method to charge people. 

AirBNB delivers guests. That is the their main redeeming quality. Now watch my host account get shut down, haha.

Post: is the income from my "house hack" not for profit income?

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564
Quote from @Alyssa Magyar:

Thanks @Joe Splitrock! I wont be renting the place out at all in 2022 until maybe August 2022 and will be renting out the entire townhome. Does renting for only a portion of the year affect how much of these expenses i can claim as deductions? Thanks again!


 If you are not renting currently and plan to rent the entire property in August, it may be best to just start claiming in 2022. The big issue is depreciation. Your depreciation for 2021 would be only a part of your property, but would be the entire property starting in 2022. I would visit with a tax professional about it. Maybe they can easily change this from 2021 to 2022. It is definitely to your advantage to claim rentals when you figure in depreciation and mortgage interest deduction, so I just don't want you to leave money on the table. 

Post: Ready for Self-Help Eviction, but I accepted a rifle as deposit!!

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564
Quote from @Jason V.:
Quote from @Joe Splitrock:

I would not recommend self-help eviction, given that a Federal judge ruled that Mississippi law unconstitutional in late December 2021. Even if it is in your lease and was legal at the time you wrote it, you cannot violate current law. Go to court and get a proper eviction order. 

https://mississippitoday.org/2...

As far as the rifle, you accepted that as part of the the security deposit with value of $400. So you currently hold $650 cash and $400 rifle, making his security deposit value at $1050. If you keep the gun, the value is $400 because that is the value you accepted it at. If you evict him, you can keep the the deposit up to the value of what he owes you. You can only charge him rent for days he occupies the property. You can also deduct damage or cleaning as long as it isn't normal wear and tear items. You will need to itemize the deposit and deductions, then send him a letter detailing what he gets back or what he owes. Say for example that he owes you $300 in rent and leaves the property with $100 cleaning bill. You take $1050 and subtract $400. He is owed back $650, which means you would return the gun plus $250. 

I would talk to him and explain that you need him to leave. Work out a deal where he leaves and you agree to return the gun. This will be easier and cheaper than going to court. Let him know that having an eviction on his record will make it difficult to rent in the future. If he is not agreeable, proceed with court eviction. I would use an attorney.


 "That law" you're referring to is definitely not the self-help eviction law.  That landlord was definitely going a tad far by forbidding the tenant from getting stuff that was right there in front of their faces.  True self-help eviction requires you (or "movers", as I'm referring to them) to take the tenant's property and place it outside where he is ABLE to recover it, all "without disturbing the public peace".  I'm not taking his property away from him or moving it somewhere inaccessible to him.  Had the landlord in that federal case done what I'm doing, I don't believe there'd have been any issue at all.

The tenant must be given ample notice in the lease and then thru further relevant notices... but I feel like I'd rather take my chances based on what the law says and let The State argue about it later.  $0 self-help sounds better to me than $500 attorney fees.

I like Greg's idea about giving him a full 10 days to move, however, instead of just 3 days like I was originally planning.  No need to be cruel and inhumane... but I will definitely provide ample opportunity for him to get his stuff out, making him well aware that it will be moved to the yard if he doesn't take care of it himself.

P.S. - The gun wasn't actually given a value of $400 or any numerical value in actuality (just that it would be returned when full deposit was finally received), I'm just saying that in my eyes alone, I'd guesstimate that it's worth about $400, which is why I haven't hassled him that much about being short $150 on the deposit.  As of right now, I'm not doing so bad, but definitely see this whole thing just going downhill very quickly based upon "past performance".  Repeatedly trying to "game the system" (smoking inside as if the bathroom window being open was good enough, the front door being open was good enough, having pets, etc., getting on short term disability for SEVERAL weeks because your therapist doubled your dosage, etc.)... is just NOT what I was signing up for.


 I don't see in Mississippi law where it states you can self-help evict. I do see a couple websites that reference this, but I would be curious to read the specific statute. The statutes make reference to a judge and court. If there is some wording around "breach the peace", forcibly removing someone and their belongings will breach the peace. Basically if the tenant says, I am not leaving and you can't enter, you will need to leave. You can call the police and the police will do nothing without a court order. Even if you can do something, that doesn't make it the best option. In the end, spending $500 to do something right is often better. 

https://www.nolo.com/legal-enc...

https://law.justia.com/codes/m...


Try to talk it through with him in a friendly manner. I would suggest not throwing his belongings on the lawn or threatening him. I would also suggest returning the gun after he leaves. Somehow I think "you know better" and will do whatever you want.

Post: Annual Lease Renewals/Increases for Great Tenants

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564

@Michael K Gallagher I agree with keeping good tenants happy, but you also don't want to reduce your net income every year. Keeping rent the same is a decrease in net income. Reducing it $50 or $100 is even worse. I say that because costs increase every year. At a minimum your insurance and taxes are going up, but your CAPEX is also increasing. CAPEX is the ongoing expense to maintain a property. Even if your property is fully renovated, every major component is getting one year closer to replacement. CAPEX is happening every day, you just don't realize the cost every day. A CAPEX fund is simply budgeting for those expense. For example a water heater has a 10 year life. Say you spent $900 on that water heater in 2018. When that water heater is replaced in 2028, it may cost $1200. Do some quick math and budgeting to replace that water heater will cost you $10 per month over the next 120 months. Every major item in that property, including appliances, paint and flooring will all need to be replaced in the future. If you rent that property $50, $100 or more under market value for the next 5, 10 or 15 yeas, you are starving your business of reserves. It is even more dangerous in the current inflationary period because some goods are increasing 10-20%.

I use a similar method of offering options, but our month-to-month option increases rent $100 per month over our year lease option. Our year lease increases it a more moderate amount, but it always keeps up with increases on taxes and insurance. I still find people that choose the $100+ increase option for flexibility. Sometimes they choose that option because they were planning to move (usually buying a house). Rent is usually not a factor in people choosing to move out of a property, as long as your rent is within fair market. 

Think about it another way. If you pay your bills on time, does any company actually reduce your bill? If your cell phone provider increased your bill, would you drop their service (assuming all other carriers cost the same or more)? Why would you if you liked the service and it was still less expensive than others? 

You are actually the first landlord I have heard suggest a decrease in rent after the first year, which tells me this is very uncommon. All the more reason not to do it, because tenants are expecting an INCREASE not a decrease. They would be happy if you just didn't raise it. 

Obviously I don't know your market or your properties. If there is heavy competition, it may be necessary to discount. It is all market dependent. I just had a tenant give notice after a year and rerented to the new tenant for $300 more, which was a 20% increase but well inline with fair market value. All I am saying is don't sell yourself or your business short. Ask for what you are worth and nothing less. Don't fear loosing good tenants if you are a good landlord. That has value too, so don't sell yourself short.

Post: Ready for Self-Help Eviction, but I accepted a rifle as deposit!!

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564

I would not recommend self-help eviction, given that a Federal judge ruled that Mississippi law unconstitutional in late December 2021. Even if it is in your lease and was legal at the time you wrote it, you cannot violate current law. Go to court and get a proper eviction order. 

https://mississippitoday.org/2...

As far as the rifle, you accepted that as part of the the security deposit with value of $400. So you currently hold $650 cash and $400 rifle, making his security deposit value at $1050. If you keep the gun, the value is $400 because that is the value you accepted it at. If you evict him, you can keep the the deposit up to the value of what he owes you. You can only charge him rent for days he occupies the property. You can also deduct damage or cleaning as long as it isn't normal wear and tear items. You will need to itemize the deposit and deductions, then send him a letter detailing what he gets back or what he owes. Say for example that he owes you $300 in rent and leaves the property with $100 cleaning bill. You take $1050 and subtract $400. He is owed back $650, which means you would return the gun plus $250. 

I would talk to him and explain that you need him to leave. Work out a deal where he leaves and you agree to return the gun. This will be easier and cheaper than going to court. Let him know that having an eviction on his record will make it difficult to rent in the future. If he is not agreeable, proceed with court eviction. I would use an attorney.

Post: is the income from my "house hack" not for profit income?

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564

@Alyssa Magyar based on what you are saying, I would actually recommend claiming the income. Although your townhome rents for $1600 per month, that is for a full unit. You are renting to a friend for $375 per month, which may be about right for a room. 

Itemized deductions have nothing to do with claiming rental income or expenses. You don't need to itemize and you can still claim rental income and expenses on Schedule E. You will be able to claim a portion of your mortgage interest, mortgage insurance, home insurance, utilities and depreciation (on schedule E). This will most likely result in a loss, that you can use to reduce overall taxable income. 

Also be aware that "help with your mortgage" is considered for profit. Rent doesn't need to exceed your mortgage for it to be considered a for profit activity. House hacking is a for profit activity, because you are reducing your housing expense. Even if there is no cash flow, avoiding personal expense is profit.

Bottom line, it is to your advantage to claim this on your taxes. If you expect no income in 2022, then maybe just let it go. If you plan to keep renting that room, I would claim it on our taxes. It is really in your best interest.

Post: Note Business Name Constraints

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564
Quote from @Bruce Foley:

I was listening to a number of Chris Seveney "Good Deeds Note Investing" podcasts discussing the need to create domains and entities.  The discussion involved lessening the ability for a future borrower to contact the note buyer directly instead of through the servicer.  The other issue is inadvertently using business words reserved for licensed investment firms, banking firms, etc. 

I'm currently in the process of establishing a note business LLC and have come up with a name that involves the words "investing" or "investments." Does the choice of either name a flag for SEC or professional organizations to get excited about?

For context, I come from an engineering background that is very sensitive to business names implying professional engineering with none on staff.  This profession, as many do, strive to protect the public and to preserve practitioners from unlicensed entities.

Any advice would be greatly appreciated.

Bruce Foley


 I am not sure the name matters as much as how you market. You can call our company XYZ and still market under the domain www.smartnotebuyerinvestor.com or whatever. Many companies use multiple domain names for marketing. Have an attorney do searches to make sure the entity is not already a registered trademark or existing entity. You can run into infringement issues. Most new business owners have no understanding of trademark, copyright and patent law. There are many pitfalls here, from using the wrong words to using images or text that is the copyright of someone else.

Post: Government Program tenants stopped paying water

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564

I agree with @Jared Hottle that most duplex have separate water meters for both units. If they do not have separate water meters, then the landlord needs to be paying the bill. If the case worker was wrong and you do have separate meters, then you need to hold them responsible. 

Either way, be aware that many cities and counties hold the property owner responsible for unpaid water bills. I think that is the case in Akron, in which case, you will be stuck paying this bill and trying to collect from the tenant. That is probably a lost cause if they are on assistance. 

In locations where the water bill is the owners responsibility, I recommend paying the bill and collecting from the tenant. This is the only way to ensure you are not stuck with a huge bill in the future. I have seen landlords with several thousand dollar bills and liens on their property for them!

Post: Occupancy Inspection Checklist

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564

I found this checklist on the St.  Louis County website. Not all states require inspection. Some of this is even city or county driven. Some cities require permits, but without inspection. It is so different across the country that you really need to check each city before you invest. 

https://stlouiscountymo.gov/st...

Post: Need Realtor Advice: Feeling Discouraged Before I Start

Joe Splitrock
ModeratorPosted
  • Rental Property Investor
  • Sioux Falls, SD
  • Posts 9,999
  • Votes 18,564

@Misti DelMar I wouldn't be in a hurry at this point. People are spending through stimulus money and interest rates are on the rise through 2022. I believe this will cool off the real estate market. Also keep in mind there are many new landlords out there who will not last long term. There is a ton of turn over in the landholding business. I see many properties back up for sale two years after they were purchased. This business will "chew you up and spit you out" if you don't run your business carefully. Some of the people seeing success today are just getting lucky, so one bad tenant and the tide shifts. Not trying to be negative, but rather point out that you didn't miss the opportunity to buy real estate. Be patient and wait for the right deal.