All Forum Posts by: Justin Abdilla

If you happen to be in Illinois, there is no maximum security deposit in this state.  These laws are very state specific so we probably can't give you some good analysis unless we know where the property is.

This actually sounds all cosmetic. FHA might make you fix it, I don't know, but I don't think so. The lender normally informs us of what needs to be fixed. I would take the advice in the thread about sending some pictures to see if anything is affected by the cosmetic damage.

Couldn't you just request a cosmetic credit to fix these things?  Most sellers are happier to fix the property themselves than to give you extra money.  This doesn't sound outrageous to fix.  $12/ft2 for industrial carpet in my area, $100 a door, $300-500 to fix the tiles and drywall from an agreeable handyman.  These are all for the western suburbs of Chicago, but maybe your prices are different.  I think the last property I had like this was 1500ft2 and our credit was about $2000.  Wasn't a dealkiller for us.

Was there a foundation repair done?  Not just simple contracting work, but an actual, structural issue?  If so, you win, with attorneys fees paid and possibly punitive damages.  That's the outcome in Illinois.

Illinois has a nice statute that says that its fraud to fail to disclose certain defects in the property. If you fail to disclose material defects in the foundation, discovered within the statute of limitations, it's a major hazard to the stability of real estate sales.  The law isn't so much concerned with specific wrongs as stability.  If the integrity of transactions is threatened by one's behavior, the law tends to get very angry.

Again, you're already in litigation, so either you trust your lawyer or you don't.  But it sounds from this quick summary, unless there is some other factor you're not telling us, like you have a great case.

Now, for my lawyer intake questions:

Why wasn't this discovered in your appraisal and inspection?  Foundation repair is pretty major and it's usually quite obvious.  Did you have a survey done that showed the slope of the land?  What took two years?

@Joseph Cacciapaglia's answer really hit it right on the nose for me.  Someone with a hoarding disorder forms an intense emotional attachment to their stuff.  They're not going to leave their stuff, they're not going to pack up on time.  I also really appreciate the discussion that the person might be under conservatorship for their mental disabilities and perhaps the contract is voidable for lack of capacity.

I would go really hard on due diligence for this one.  I'd probably order an all 50 states background check to see if there is a legal guardianship anywhere, and I would also put into the offer a specific allocation for the moving expenses.  I would say something like $5,000 of the offer is for pack-up and move-out.  

@Don Jackson Your PM is probably telling you the truth, you need an attorney. 

Likely, you need one to defend you from your tenant's FDCPA (or the state analog) claims, and another one to sue your PM.  I think there might be some bad debt collection practices if the repayment was solicited when no debt was owed.

This sounds like a scam, to be honest.  Your PM made the mistake, then told you to hire a lawyer to fix it, then also told you don't tell anyone about this claim.  This is a fiduciary liability claim if I've ever seen one.

Definitely get a new PM.

The leases we draw up have a clause that states that anyone who has been present in the property for 14 days consecutively during the lease is an unlawful occupant.  See if your lease has similar language.

@Nathan Gesner gave you some really good advice.  The cops aren't going to help.  They'll write down what you say, and do nothing else.  It's correct to inform the tenants that things are about to get very dicey unless they comply.  You would likely be entitled to evict everyone in my State, but I think you're at the point where you need to hire a lawyer and get Florida advice.

I can tell you, in Illinois, this is a settlement to end the lease.  They signed a notice to vacate, you gave them the money.  If they occupy, you treat them as an unlawful occupant without a lease and give them the proper notification under the law.  At that point you simply file a Forcible Entry and Detainer action, or whatever your local equivalent is.  You just need the court's permission to re-enter the property.

I'm in Illinois, not Texas.
Evict.  He's making meth on a month-to-month and isn't a good payor.  I think you can find a tenant who isn't a good payor who doesn't make meth.  I think you can find a tenant that both pays on time and doesn't make meth.  Both situations are preferred to yours.  Evict.

Pat, I'm not an attorney in Florida, but this sounds like a pretty classic scenario.  When you buy a junior lien and the property will go to foreclosure, you get paid after the Bank on the property at the next sale.    I think you're probably out of luck on your 16k, and that you will need to get in line behind the mortgage lender.

Perhaps your second position lien will survive the judgment and you can seek a garnishment down the road.

 I think this is something a home warranty actually covers.  They're usually worthless, but this sounds like a problem with the central heat that's causing it to be hazardous.  I think you should call on your home warranty and call the inspector as well.  It's notoriously difficult to sue an inspector for negligence, so I don't think that's in the cards for you.

Beyond that, unless you can prove it was known to the seller at the time of sale, I don't see how you get any liability for failure to warn/disclose.  Your inspector didn't find this issue, so how was the seller supposed to know about it? 

Welcome to home ownership! This is just the first of many setbacks you will have in your REI journey, but it's not always like this. Could be worth your time to speak with a lawyer, but I think most lawyers would have my view that this just isn't something actionable.