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All Forum Posts by: Levi T.

Levi T. has started 67 posts and replied 1330 times.

Post: Problem Tenant threatens to Call the News (long)

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

i should add, you can hit them with the 30 day notice, then a pay or quit notice, and a whatever else notice of termination. As long as they are certified and you follow the law, you can take them to court for each one, or use them as backups if one fails.

We did this with one bad tenant we got with a bunch of units we bought. We hit them with a 5 day pay or quit and hit them with another notice of 30 day termination. Got to court, they managed to extend the hearing for the money owed for the 5 day pay or quit due to some personal issues they outlined, but 30 days had already passed, so the other notice ended their plans right then and there, we took immediate possession 

Post: Problem Tenant threatens to Call the News (long)

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323
Originally posted by @Stephanie Lo:
Originally posted by @Oliver Santiago:

The sooner you file an eviction the sooner you'll get rid of the headache. It seemed like you have gave them the eviction notice, File it to the court without delay. Hire a lawyer if you must. Goodluck  

 Thank you. I just gave them a 30 day notice (to terminate the lease) which is different from an eviction notice, right? If I were to evict today, right now for non payment then would they have to abide by the 30 day notice and be out in October or would the eviction 'reset' the clock and they would be able to stay until the court proceedings.

 In Va. 30 days is a full 30 day term, that means they get this month, and all of next month, next month is the full term month as your splitting a month. Make sure you send one certified, and if they fail to leave at the end of next month, then do the court thing as outlined before.

Post: Problem Tenant threatens to Call the News (long)

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323
Originally posted by @Stephanie Lo:

I'll start off saying I know I made a lot of mistakes with this renter/ roommate. I'm a little shy so my spouse does most of the talking and screening. Big mistake this time around. The room they are renting is my garage lightly converted to include a full bathroom.

This tenant and his wife have been problems since they moved in in July. They moved in halfway through the month and paid half the rent with the expectation that full rent would start on the first in August. 

August comes and they don't pay til the 15th. We have a 5 day grace period and we had been in communication via text, every time with them saying they were going to pay. I served them with a 5 day pay or quit and they waited until the 5th day to pay. The cashier's check they gave me was dated for the 10th and had someone named Eugene on it (neither tenant is named Eugene).

At this time they also start complaining about mice. Full disclosure: my house had been vacant for years before I bought it and about 6 months in we had a mouse problem that we handled and hadn't had any issues with until then. I'm not blaming them for the problem reoccurring.  But they only complain about the mice when I ask about the rent. When they first complained I bought them the same baits and traps that fixed my problem the first time.

I have called an exterminator and apparently it was as simple as a some sliding door at the back of the house that was open. He could see where mice had been getting in and closed it. He said the second step was to bait and trap but since we had already been doing that he said we would probably see 1 or 2 more mice but whatever population was in the house would die off. I tell this to them.

It's now September and they didn't pay rent. This time the wife sends my spouse a text on the last day of the grace period saying she couldn't pay rent because she had to bond her husband out of jail due to child support and could she give us 200 today and the rest on the 15th. I said come up with 300 she said all she had was 240. She would give it to me the same day. Of course, its the next day before I see it and the husband knocks, slips it to me between a tear in the door screen and walks off without saying anything. 

I decide its best to cut my losses now because I'm not going to be able to fix this issue to his desire and give them a 30 day notice to vacate. It wasn't because of the non payment, it has everything to do with just being lousy roommates. The lease gives both sides this ability to opt out at any time with a 30 day notice. I even said he can leave the apartment by the 15th free and clear if he wanted to and was wiling to extend it to the end of the month. No response.

The 15th comes and the husband says he has it but he gave it to the city because I didn't do anything about the mouse problem and he has called the health department and will be calling the news. He has a lawyer and the lawyer told him his text messages would be sufficient (tho he never said he was withholding rent because of the problem). The lawyer also told him to call the news.

I called his bluff and asked him how much he had paid to the city court so i could check and verify that all fees had been paid. He never answers.

Yesterday, he sends a nasty gram to my husband saying he will call the city, health department and the news to expose us for being bad landlords. (But he was supposed to have done all that Friday. He didn't). He also said we could do this the easy way or the hard way. All this happened because the lights were off in his room/garage and he thought we had shut off the electricity. When my husband flips the breaker apparently the kitchen and the laundry rooms had no power as well (all these spaces being on the same side of the house) but he didn't realize it because the house is well lit in the daytime and he had no reason to go in the laundry room until he flipped the breaker.

The husband was sitting in the driveway so I go out there and I try to talk to him to diffuse the situation because this seems like odd behavior to me. 

Let's make this short: he says he has to call all these people so he can cover himself just like we covering ourselves and he has to call the news because the city can't come on the property and his lawyer told him to do this so its not like he made it up off the top of his head.

I replied that while this might just be some dump to you this is my home and I don't want to be threatened in it. (I'm also 8th months pregnant). We have never had a problem responding to your messages before so where did this all come from?

Tenant: Y'all playing games. I told you your rent was with the city and they will notify you within the next 15 days. I just did it today. Threatening you would be if I said I was going to do something to you. I got to do it the legal way so i won't have to do it my way.

Me: That's what I'm talking about. What do you mean you are going to do it your way? Isn't everyone owed for it to be done the legal way? Have we made you uncomfortable? Have we threatened you or cut off needed services?

He responds with he can show us how to play this game. 

I said ok, thanks and left.

I tell this to a former realtor I know and she says I can just call the police to have them removed because they haven't made residency requirements yet (living in the house 90 days) or at least have the husband removed since he is making threats. I'm not sure what to do and any advice is welcome. Their 30 days is up in October and I don't think they are really going to move. 

 This is Virginia it's landlord friendly, he's playing games... just ignore him and follow the process of law. Mail him a certified notice to pay or quit within 5 days, don't accept anything less than the full amount, or don't accept it at all.

After 5 days go down to general district court and ask the clerk to help you file a unlawful detainer, you will get a court date in a few weeks to a month.

Show up to court with the certified receipt and a copy of the notice, as well as a tenant ledger. Present it to the judge when asked, and also explain to him that the tenant has been making threats to do bodily harm, and you want  immediate possession. He will likely give it to you, if not you have to wait 72hr then file a Writ with the clerk, she has the form. The police will come yank them out of there by force and that'll a be the end of it, most likely they will move out before the court date or before the police arrive.

Ps don't go to court and admit to anything, like the mice or whatever. Law is blind, so he can make all the claims he wants, it still up to him to lay the foundation of proof, and if he does you can show proof that you hired someone to resolve the issue. I've watched so many people ramble to a judge just rebuttling tenants complaints, thus they are admitting or confirming the tenants claims. All they had to do was keep their mouth shut, unless the judge asked them about it.

Not legal advice, typed up on my iPhone, and good luck!

Post: Lawyer charges for email answer?

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

It's normal... when you hired them you likely signed something agreeing to some type of incremental billing. That's why some attornies will spend more time on a simple topic, or look at other issues for you, because their firm will bill you for 30 minutes if you use it all or not.

If that gets your goat, one of the law firms I use is rated as #3 in the state, they have an attorney for anything you can think up, and they love to pull in experts... A simple question can turn into 3 attornies reading a email and billing you.

There has only been one billing made me pickup the phone and rip a attorney a new one. It was when I dropped by a office just to say high to an attorney we've done a lot of work with, after 10 years I had got to know them personally. We talked about their life, vacation, their recent wedding. Right before the end of the 2hr chat, the attorney asked me how business had been doing, I rambled off the standard ups and downs of landlord bs, and they tossed out some lame legal advice that had zero value to me. It was like your parents telling you to save for retirment after you just finished telling them how you spent all your money type of advice... guess what, I got a legal bill the following month. Never used that firm again!

Post: Coming downturn for tech hubs?

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

Not really a bubble, just an end to era. My son told me the other day he wanted to be a programmer, I told him it was a dead end job, and I was not joking.

There was a time that tech was the wild west of making money by coding, now it's the factory job of today. It's no longer about how much money you have to toss at something, it's about process, timelines, and delivery cost. It's about repos, packages, and dumbing down the process of software development so the masses can write software easily, thus we deliver product for less.

Companies are now racing to zero in cost, moving headquarters, lowering pay as the bar gets lower. We've been doing it for years to offset the salary cost, longer and longer hours, more perks at work to keep people around the officer longer working... When the unions come, you know we are hitting bottom as a industry, but by then we will be old and retired. 

It will be the next generation that will sit at a desk and assemble the next app with point and click using the remanence of code structors and ideas we developed decades before.

There will not be a sudden drop in the industry, just a slow move from upwards growth to  declining. Real estate owners will take small write-offs over time as they move away in search of better pay or life balance. I think we are still on the front side of that hill, but it is clearly reaching a point that we are topping it, but I would not lose any sleep over it, it's a multi generational thing.

Post: How do I effevtively distribute properties in a package deal?

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

Holycow you've got yourself into a mess. You really should consult a attorney.

Generally speaking, not legal advice, your manage fee is just that, a fee, it would fall under income, which is normally taken out before funds are paid to the owners if you where running a PM business, but that's hardly what I'd be conserned about.

You mentioned that the investors thought they owed the properties, but really you own them in your LLC.

This is classic fraud as defined by the SEC, and why you need an attorney. The investors could clean your clock faster than it took you to write that post, simply by filing a complaint with th SEC.

I would have personally housed the properties correctly, with the 4 other properties in a entity of the investors choosing, that they own. 

I would then put the properties I owned in my own entity.

That cleans everything up so it where you have described it should be. The investors own the properties they think they own, and your under contract for 1 year to manage their properties.

Post: Our First Rentals! (pictures!)

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

Looks cool. Tiny house village. Keep us posted on how that works out. Whats the projected monthly gross rents?

Post: Trying not to get impatient with auctions....

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

Volume is always king.. Why not skip the auctions and give direct mail a try. You remove all the bidding wars and what not that come with a auction block.

Post: Met an interesting investor today

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

The math geeks won't like his process. He may not become Bill Gates, and make some great rate of return some on here are looking for, but end of day he is happy doing what he does, and his bills are paid. Simple is as simple does. Live a life you love, or you will die before you get to enjoy it!

Post: Condo Flipping in a Ski Resort Area

Levi T.Posted
  • Rental Property Investor
  • Tucson AZ / Nice FR
  • Posts 1,358
  • Votes 1,323

Rolled through Brecken just a handful of weeks ago. I agree with @Shelby Pracht.

I'v seen resort condos markets go south a time or two.. condos can roll down by tens of thousands in value sometimes, it's a very thin market. Most owners are never doing as good as most think they do by owning one.

Maybe if you can find distressed owners, and buy them 40-60% below market value, then improve things for a fast flip, you could have something. 

Remodeling then units is more about eye candy, just because it appraised for more does not mean it will sell for more, just means it sells quicker than the others.

Good luck!