All Forum Posts by: John T.

@Luke J Nelsen You may be able to withhold some or all of the Tenant's security deposit as damages for "cost of reletting" (defined as “leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property.”  I would include in the cost of reletting any expense that was "reasonably necessary" to relet the property, such as maintenance, landscaping, make ready expenses, lease commissions, etc.  

Check with a local attorney in the jurisdiction where the property is situated to determine whether you are entitled to deduct "cost of reletting" from the security deposit.

Read your lease to determine your contractual duties to make repairs.

Read the law applicable to your jurisdiction.  I'm sure Texas has a state-wide statute that deals with landlord/tenant law and the Landlord's responsibility to make repairs.  I think its called the Property Code.  Just google it.

@Carlos C. You only have two (2) properties.  You're spending entirely too much time and energy trying to mask ownership of two properties and shield yourself from personal liability.  In all reasonable probability none of the plans suggested to you by the "lawyer in a box" will actually work.

Schedule an office appointment with a local "real" attorney for entity formation (if necessary) and asset protection.  Hire a CPA to help with accounting tax filings.  Get an insurance agent to advise you on Landlord's insurance, Umbrella insurance and Renter's Insurance.

@Isha Suri

1.  Hire an attorney - get advice regarding entity formation and other legal matters

2.  Hire a CPA - get advice regarding Federal income taxes and accounting

3.  Hire an insurance agent - get advise regarding (a) Landlord's insurance, (b) Umbrella insurance and (c) Renter's insurance.

Make sure that you will not get stuck with the electric bill.  In some cities the electricity is provided by a city owned electric utility and they can put a lien on your property for non payment of the electric bill.  This is not a wide-spread practice, but I think its worthwhile to research this and ensure yourself that you will not be stuck with the tenant's electric bill.

“Good Cause is a major win for the people of Hudson who are being forced out—through no fault of their own—by landlords chasing greater profits.”

Just another incremental loss of individual freedom and property rights.  

@Scott Trench I agree with everything @Matthew Paul said.  But, I've also been thinking about this type of tenant.  Rather than a half-way house, which conjures up thoughts of felons recently released from prison, you might consider leasing to a company that runs a Sober Living House.  Some Sober Living Houses are co-ed, but most are either all men or all women.  (I think "all women" would be easier on your property and more acceptable to your neighbors.)  If you are interested in renting the property as a Sober Living House, you might contact a local alcohol recovery center and see if they have any leads for you.

Another idea is a battered women's shelter.

@Account ClosedLet's face it, you, your property manager or realtor screwed up. Now you need to unwind this matter.

Your mistake was probably not having a good legal description. You probably only used the address of the property, like 123 Main St. You need to clean this up. I suggest that you have Unit A and Unit B. Also, you might want to go further and describe the units with more precision, such as "123 Main St., Unit A, being the East 75 feet of Lot 1, Block 1, etc." and "123 Main St., Unit B, being the West 75 feet of Lot 1, Block 1, etc." This type of precise legal description will be helpful in the future for this property.

With respect to the present matter, I suggest that you immediately consult with an attorney who practices in the same city as the rental property.  There are all kinds of strategies that you and your attorney can follow to unwind this matter.  This will be a costly leaning experience for you.

In the meantime, don't do anything radical, unreasonable or extrajudicial.  When you go to court you must have "clean hands."  You want to be the "reasonable" party to the litigation.  Judges and juries like reasonable litigants.

@Joe Splitrock Good Landlord rule "never rent to anyone who is high risk."