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All Forum Posts by: Nathan Gesner

Nathan Gesner has started 316 posts and replied 27552 times.

Post: Evicting vacation rental tenant for smoking in no smoking house

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

How is the company owner demanding "remaining rent back plus security deposit" if the workers still have three weeks remaining?

I'm not sure where you live but weed is still illegal in most states. If it is illegal in yours, call the cops the next time you smell it.

My main question: why isn't your property manager answering these questions for you?!? 

The damage is done. Unless they are breaking the law and can be arrested, there's not much you can do in the next three weeks except document. Once they are out, clean and repair as necessary and use their deposit to cover the charges. If the deposit doesn't cover the charges, go after the employer that made the reservation.

If you had an experienced property manager, they would have warned you against putting a construction crew in a pristine vacation rental. I don't even put them in empty homes without a significant deposit, increased rent, and a credit card on file. And when your tenants are smoking weed in the home and living like slobs, your property manager should be able to explain exactly how he/she will handle it.

You need to find a better manager or get out of the business.

Post: Handling a difficult tenant - Missouri

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

1. Report her behavior to Section 8.

2. Notify the other tenants to call the police any time she is causing a disturbance or if they suspect her of damaging property (yours or theirs).

3. Notify the other tenants that you are removing her as quickly as the law allows. They cannot move out without violating the terms of their lease and will be held accountable if they take that action.

Post: Owner occupancy clause and advice on FHA

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

Contact your lender and explain the situation. They may waive the restriction based on the circumstances.

Post: Attracting rental tenants

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

Craigslist is a hot bed of scammers so take precautions. One of the best things you can do is learn to watermark your photos so they can't be stolen and used for a fake rental ad.

You can list rentals for free on Zillow. Newspaper ads are inexpensive.

Note: develop your rental policy to avoid people wasting your time (3x rent, pets, smokers, application fee, proof of income, credit/criminal background, etc.) By telling people what your requirements are up front, the majority of them will walk away because they know they won't qualify.

Post: Rental smells like cigarette smoke! How to get rid of the smell?

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

@Jorge J Gonzalez I'm glad it worked out!

Post: How to not fall for rental scams (e.g. renting with intent of ren

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

@Cody L. it really doesn't matter if it's owned by an individual or LLC. Once he has the name of the owner, he can then contact the person claiming to be the owner and verify the ownership name and mailing address. If this guy says he owns the building personally but it's listed under an LLC, then he'll know it's a scam.

I'm in a conservative town of 9,000 and just read in the police blotter two days ago that someone was scammed out of a deposit after viewing the home in person. In-person showings don't happen as often as scams on Craigslist but I hear about them from other property managers and REALTORS around the country and it's increasing.

Post: Switching Tenants to Online Payments

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

I implemented online payments in 2010. With 300 rentals, I get about 60% of my tenants paying online and the rest use checks or money orders.

If I had to do it all over again, I would tell all the new tenants that online payments were mandatory. If they push back, you have to accept other forms of payment but I suspect the overwhelming majority would just do it.

Post: Cash for keys and possible eviction in Atlanta, GA

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

You don't need to file for eviction. If you intend to let him ride out the remainder of the lease, simply notify him (in writing) that you will not renew/extend his lease and expect him out by the day of termination. If he fails to leave, then you file for eviction.

I know weed is a misdemeanor but if he is smoking it "a lot" then there's a good chance he possesses more than an ounce which could turn it into a felony. But it sounds like you'd rather let him continue so it doesn't matter.

Post: Unexpected apt application denial bc of misdemeanor 6 yrs ago?!

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

Disagree.

The purpose of a background check is to determine risk. A six-year-old misdemeanor presents no risk to the property, the other tenants, the Landlord, or the Property Manager.

I suppose you could contest it and ask them to justify their decision but do you really want to rent from a Property Manager that doesn't even know what constitutes a justifiable rejection?

HUD issued guidance about this very thing a couple years ago. I think Section III is what you want to focus on. If you are set on renting this unit, bring a copy of this to the office and demand justification for your rejection.

Post: "Complaint resolution" clause: would like feedback

Nathan Gesner
ModeratorPosted
  • Real Estate Broker
  • Cody, WY
  • Posts 28,238
  • Votes 41,447

I've seen Property Managers that include a similar clause that actually fines the owner/tenant $100 if they file a bad review. 

You know what I would do? I would not hire them and then file a bad review explaining their tactics.