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: Josh Gibson

Josh Gibson has started 3 posts and replied 21 times.

@Mary M. It really doesn’t have any timeframe. Under the special agreements section it says:

“for $50 discount tenant shall cut lawn and rake leaves. $750 rent discounted to $700”

@Matt Devincenzo great point of view, this is why I put it out there. I don’t necessarily want to change the lease just to put it in my name. I was more so wanting to change it to get this “deal/discount” out of it.

Thank you for the heads up on not being able to void it. The lease is up in April 2022. I’m meeting with the tenants tomorrow so hopefully we can get this cleared up just by talking. Than again! Josh

@Dave Poeppelmeier, thank you for your reply. I agree with all of this. Definitely going to have a conversation with him first and go over his current lease with him. I think if he still is unwilling to maintain the grass and leaves then I will try to let him know that he’s in violation of the contract and offer to write up a new contract without lawn maintenance involved with a higher rent. Both of these units are under current rent value by about $200/unit. I am going to try to raise rent in $50 increments per year as long as the current tenants stay in place. That should cover a company to come out for the grass.

Thanks again!

Josh

@Edward Holland that’s some great advice! I think I’m going to have a lite conversation with him and just go over the current lease that him and the last landlord had. If that doesn’t work I guess I will go with plan b and void the current lease due to breach and write up a new one with no lawn maintenance. Then just hire a crew to maintain it. Thanks again for the advice!

Josh

@Theresa Harris I appreciate your response. That is a good idea.

Thank you!

Hello BP, I am closing on a duplex today. We are inheriting two new tenants.

The previous landlord worked out a deal with the tenants on one side of the duplex. Their original lease was $750 a month and somewhere down the line the new deal and updated lease states that they would get a $50 a month discount and the reason for that discount was that the tenant shall cut the grass and rake the leaves. I recently found out this week that the tenant has not cut the grass in three months and he is still only paying $700 a month.

My question is since it states in their lease that he is responsible for cutting the grass and leaves in order to get that $50 a month discount is he technically in violation of the lease? When I take it over today I’m going to have to address this. If he’s not cutting the grass that’s fine but I’m going to need to get the full $750 a month. I guess the reason I need to make sure that he’s in violation of the lease is so that I can cancel that lease because he’s in violation and write up a new lease with our name on it for the $750 a month instead of the $700 a month. Hope that makes sense!

@David M. That’s awesome, thanks again!

@David M. Thank you for your reply. Lots to think about here.

Originally posted by @Andrew Postell:

@Josh Gibson yeah, as mentioned above, lots to consider here.  The one thing I would recommend is to NOT be getting into a 20 year adjustable rate loan in this current lending environment.  There are plenty of conventional and commercial loans that offer a 30 year fixed rate loan right now.  With rates this low, it's important to lock them in and keep them that way for the foreseeable future.  

The other element here is that using a LOC for a down payment isn't the most desirable method of securing a down payment. This will be mainly because, again, the interest rate is VARIABLE on that Line of Credit. That LOC will also "mature" after about 10 years. So it is not designed to be a permanent loan. It is to be treated like a credit card. Meaning, I use it...pay it back...use it again...pay it back. I am saying this from OUR perspective here, get me?  From the lender's perspective, I want you in ALL variable interest rate products.  Because that is my hedge against inflation.  Would I prefer to put you in a fixed rate right now or a variable rate?  As a lender I want that variable rate because it is likely that rates will be higher in 3-5 years.  So I win by putting you in a shorter term, variable interest rate product.  Now, if that's the ONLY choice I have as an investor...ok, then that's what we do.  But you have options. 

So certainly shop around a bit more.  And feel free to ask ANYTHING here on this forum.  We are here to help.  Thanks!

I appreciate your insight, it really puts things in perspective. With our current rates being so low right now it is a little nerve racking going to a 5 year balloon. The bank is giving us a 4% rate and 4.25% on the LOC. with us buying the last house just this year we spent about $25k out of pocket and really didn't want to spend the rest of our cash on this duplex all in 1 year. It was just a deal/opportunity that came to us via friend of the family and we just could pass it up. The LOC we had planned to have paid off within 1 year.

As of right now we have

House 1: 4.125% and matures 2040

House 2: 4.25% and matures 2035

House 3: 3.75% and matures 2051

Your bank perspective really helped me here. I guess I didn't think about it from that point of view. If I only bring them the new duplex and LOC then the rate goes to 4.5% which is really not that big of a deal.

I just always thought that if I can get in good with my local bank and get a strong relationship with them it would be easier in the future to work with them on new financing for future deals. For example additional lines of credit to possibly buy in "cash" and then refinance. I for some reason thought that once you made it to the commercial side then you were on the right track and could open the door to larger deals. 

Also, I was wanting to start to get everything into the LLC name and I was always too afraid to just to just change the title of the houses into the LLC because of the bank clause that could "call the loan due"

We want to grow to about 20 doors or so and just wanted to get system set in place now so we didn't have to go back and fix/change anything. I'm probably thinking about this wayyy too hard though. 

Thanks again for your advice! 

Originally posted by @Jamie Grubb:

Hey @Josh Gibson. I'm sure you can find some good advice on this forum, but speaking with a lawyer/accountant is going to be your best bet.  There are so many things about your situation to consider - Do you want to protect other assets?/How big do you plan to grow this business?/ Can your properties sustain the higher financing costs?

With that being said - Generally, (and most likely in your situation) commercial loans are going to be more expensive. However, you need to weigh this against the protection an LLC provides. Maintaining a rental portfolio in your own name exposes your other personal assets to risk. For example, if you are sued and the property is in your name, you will be personally liable and could be forced to pay claims with personal funds/assets.

If you want to keep the rentals in your name, speak with your insurance company about policies that can protect your personal assets.

Hello Jamie, I appreciate your input. With everything being in our personal name right now we have an umbrella policy for additional coverage. My goal is to grow to about 20 "doors" between single and multi family properties. 

As of right now we have 

House 1:  4.125% and matures 2040

House 2:  4.25% and matures 2035

House 3: 3.75% and matures 2051

The rate the bank is giving is 4% 5 year balloon for all loans and 4.25% on the LOC. If we only bring them the LOC and the new duplex the rate goes to 4.5% for the new duplex.

The only mortgage loan that would be higher as of now is the newest house (number 3) but we are also shaving off 10 year off the life of the loan. 

I guess my thought process behind all of this is:

number one- the protection with everything being in the LLC.

And two- a relationship with the bank in hopes that future financing will be easier for future deals. 

Thanks again for your your advice!

Josh Gibson