All Forum Posts by: Kevin M.

@Johnny Mack make sure your 30 day notice details your "good cause" as defined the the Fair Housing Ordinance statute of Chapter 9-800 of the Philadelphia Code. You have to renew a month-to-month tenant unless he/she does something they're not supposed to and you need to document this and collect evidence. Honestly I would give 60 days for an otherwise rent-paying tenant because you may get some extra scrutiny from a judge with only 30 days for a longtime resident. 

As @Anthony Wick suggested, the "eviction" is just the legal route you need to use to get the government to physically remove a tenant from your property. Tenants can be evicted if they don't have a legal right to be in the property. So assuming you provide proper notice, once they overstay your 30-60 day window they no longer have a legal right to be there and you can file for eviction. 

 

@Yuriy Skripnichenko I just used The Chimney Scientist for a project for one of my clients. They were excellent. Organized modern capable and very reasonably priced. I have no affiliation- just a fan of their model. 

It doesn't matter unfortunately. The act doesn't mention compensation, just that property management is a regulated activity. See link to a thread from the renowned @Chris K. with more details here;

https://www.biggerpockets.com/forums/12/topics/435226-pa---laws-surrounding-property-management

Also you should be aware that property management can be more involved than your friend probably realizes, and you are taking on a lot of risk and potential liability by managing property for your friend even as a favor. If someone slips and falls outside the property, or a pipe bursts and damages a tenant's expensive furniture, or a tenant's dog bites a mailman, or a tenant makes a claim for 2x his security deposit for alleged mishandling of funds- you could very well find your name listed at the top of a lawsuit. And your personal insurance might not be willing to step up if they decide you were engaging in a "business activity" without proper coverage. 

Maybe your chances of getting caught by the Real Estate Commission are slim to none, but management does come with some risk. 

If I were going to help a friend for free, I would tell him/her to execute the lease in his/her name and accept all rents/funds. You would certainly be allowed to help with handyman tasks and general upkeep without a license, but be careful about your personal exposure to liability!

Gil,

Happy to provide more information about what my company does here in Philly and connect you with some current clients for reference. 

Best of luck in your search looking forward to connecting.

I should clarify that you are allowed to be a property manager for real estate in your name without a license, but when you act as an agent for another owner you need to be licensed. 

Garrett are you licensed by the real estate commission? Property management is a real estate activity that requires a license in Pennsylvania. 

If so, you can enter into a lease with the tenant with the owner’s written authorization, but you can’t both avoid liability. Whoever signs the lease should be prepared to be sued in the event of a mishandled security deposit, claim of discrimination, electrical fire, etc. 

As far as I know- there have been no changes to legal/contractual obligations of tenants in Philadelphia. Although you cannot currently file for or execute evictions, tenants are still responsible for abiding by the terms of the lease. I would make it abundantly clear to tenants that although eviction court is currently on hold, you fully intend to enforce the terms of the lease and, if necessary, pursue everything owed to you once the courts resume operation. Tenants should be aware that filing for eviction or lost rent will show up on their record and potentially make it more difficult to get housing or loans in the future.

That being said- I would work with the tenants however you possibly can. We are offering late-fee waivers upon request (through the 15th) and we are allowing payment plans or last month rent transfer with documented proof of substantial income loss. Also advise tenants that they should be filing for unemployment ASAP if applicable. We should all bear some of the burden here but tenants need to be aware that they do not get a free rental pass as things currently stand. 

@Robert Palladino technically speaking, if your LLC is operating as a property manager, its engaging in a licensed real estate activity in Pennsylvania and would need to be licensed by the Real Estate Commission. You, as an individual, are allowed to act as a property manager for real estate in your name, but once you involve the LLC as the collecting entity it would need to be licensed.

I would just use your regular name. Set up a PO Box or virtual mailbox for all rent and correspondence so tenants don't have your address. Use Google Voice for phone number. You can be decently "anonymous" to tenants even using your name. 

@Mary Hasnon I’m a property manager and investor here in Philly. I’d love to talk more about my company and the unique management climate here in Philadelphia. I sent you a connection request 

@Mary Hasnon I have some options for you on for both your legal and property management needs. Sent you a connection request. Best of luck