All Forum Posts by: Patrick M Nichols

Cogo is a total scam... lots of fees on the front end. They're also happy to commit to whatever your closing date is and blow right through it. Hope you don't put down large earnest money deposits... these guys will make sure you lose them!

I do not know the answer to your question, but it sounds like you have done some research with regards to FHA. I think your next step should be to find a local lender that offers FHA loan products, talk through your situation, and see what is realistic. Non-FHA financing is likely out of reach for the time being, but it never hurts to ask.

It might make sense for you to run it by your tenant and take the temperature of the situation. If he agrees to the charges (or maybe even split them), then you are probably on solid ground. It is tough to know without seeing the damage and understanding the surrounding facts of the tenancy.

I'm not really following your interpretation. There are two issues:

1. Tenant owes rent through the end of the written term of the lease, but landlord must mitigate their damages (i.e., find a new tenant).
2. The clock starts for the return of the deposit as soon as the landlord accepts the surrender of the keys.

It is illegal discrimination everywhere, however there are exceptions if you live in the building or if an elderly person does. There is also a distinction between rejecting someone with children privately during your screening process and how you advertise. 

Here's a good resource:

https://www.masslegalhelp.org/housing/lt1-chapter-7-forms-housing-discrimination-article

This actually is 100% not true in my state, so check the local laws. Surrendering of keys in MA and acceptance of them by the landlord (although not the law in every state) evidences the end of the tenancy. It does not prorate the rent, but it starts the clock. Not following this would give a housing court judge grounds to award the tenant treble (triple) damages.

I agree with @Erik W., this will vary by state. In my state of MA, wrongly withholding any of the tenant's deposit can expose you to treble damages, so landlords either don't bother with the deposit or they err on the side of caution. The fact that the keys were returned to you though and that you accepted them likely evidences the termination of his tenancy regardless of what the lease says.

As far as cleaning fees, your lease may address this. In my experience the standard is usually leaving the unit "broom clean," as in the tenant is not responsible for making your unit fully market-ready for the next tenant. You're generally expecting to eat the cost for shampooing or replacing old carpets, freshly paint the walls, etc. I would typically charge if there is either trash left behind or if the place is filthy.

As for the dishwasher and in my personal opinion, it doesn't really sound like you have sufficient grounds to withhold any of his deposit here. Do you have evidence that he would have or should have known that it was broken/leaking?

Generally, yes, you can. You'll have to register your entity as a foreign corporation in the state first. Your entity will be subject to that state's tax laws as well.

Do you have an HOA? You should be able to have your own mailbox or forward it somewhere temporarily. Sometimes talking directly to the mail carrier helps too since that is usually the person who will return your mail to sender if they don't see you on the nameplate.

A corporation (or an LLC) can do business in the state in which it is incorporated (or organized). In order to do business in a state other than its native state, the corporation would have to register in that state as a foreign entity. A lot of times the cost of doing so is the same as if you just incorporated/organized in that state from the start.

EDIT: I would have to slightly disagree with some of what Katie is saying though. I think a lot of that is unnecessary and overkill that will just cost you a lot more money. Some lawyers will recommend all manner of complicated options when a simple umbrella insurance policy will suffice. Again, retain your own legal counsel because I cannot give you legal advice.