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All Forum Posts by: Randy E.

Randy E. has started 18 posts and replied 1279 times.

Post: Tenant Renovation?

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311

I haven't invested in the Lease w/Option to Purchase field, so take this as a gut feeling.

I would stipulate that if the tenant/purchaser plans on making any improvements for which your city requires permits, that the tenant/purchaser go through the permit+inspection process.  That way, if he makes substantial changes to electrical/plumbing/structural items and ends up moving out, you'll be assured those "improvements" were actually improvements and not liabilities.

If the current resident ends up backing out of the deal, you don't want new tenants moving into a house that is unsafe.  And if the house ends up burning down because of unpermitted electrical work, you don't want to lose out on insurance money because of that.

If the guy is just putting down flooring, painting, and doing some landscaping, I say go ahead and let him. 

Post: Sold My own home to buy Rentals

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311
Originally posted by @Jeremiah Perry:

  If my primary residence had increased in value a ton and it was just me (no wife or family) and I had my eye on a multi family unit then sure. 

 Agreed. 

Post: I refunded too much of tenant's security deposit! Help!

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311

I would just eat it.

Last year, I miscalculated the amount of security deposit a new tenant was to pay.  On the receipt, I indicated "Paid In Full", but in reality, the tenant was $25 short of the total.  The Amount Due I wrote on the receipt was $25 less than the amount indicated on the lease.   Instead of going back and trying to collect $25 from the tenant, I ate the loss as a reminder to not make stupid mistakes like that.

Post: An inch of water in the basement = $2500 in profit

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311

Congratulations.  

My guess is he had deduced what the problem was and decided it wouldn't be cost prohibitive to fix it.  I don't have any experience with basement leaks and/or foundation issues, so I probably would have avoided the place.

Speaking of which, I need to learn more about those problems and the costs associated with repairing them.  Guess I'm heading to search the BP for information.

Post: guns in rental unit

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311
Originally posted by @Blair Poelman:

@Randy E.

  We're really getting into the weeds here.  Probably just best to say we have different opinions.

 Okay, but I'm not interested in non-legal opinion on the subject.  I honestly and simply want to know a legal opinion on the subject.

But I'm glad to get out of the weeds with you.  ;-)

Post: guns in rental unit

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311
Originally posted by @Blair Poelman:

@Randy E.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.".

 The Bill Of Rights also guarantees "the pursuit of happiness" but that doesn't allow a tenant to do anything they want in a rental property, otherwise illegal or legal.

Again, it seems you're speaking more from a passionate opinion on gun control than on legal lease/landlord law.  I am not debating your stance on overall gun control law -- I have no interest in broaching that topic in this forum.  I simply want to be informed on actual law regarding leases and firearm possession in a rental property.

Post: First rental property purchase!!!

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311

Congratulations!  Sounds like a good get.

Post: guns in rental unit

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311
Originally posted by @P. Martin:

A clause in a contract does not make something illegal. If my landlord says no pets, I can't be arrested if I sneak my dog in. Come on now. 

 You cannot be arrested, but the landlord can legally evict you for breaking the lease as it regards pets.  The question is, does that hold in regards to firearms if there is a clause in a lease that prohibits firearms?

I don't know.  I am not a lawyer.  I welcome any actual legal input on the topic.

Post: guns in rental unit

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311
Originally posted by @Blair Poelman:
Think of it this way - could you (or would you) tell a Jewish or Muslim person they can't worship in the apartment they rent from you?  No, you wouldn't - unless you're a total dork.

 But prohibiting freedom of religion is EXPRESSLY forbidden by every fair housing statute I have ever read.  I've never seen freedom of gun ownership addressed in any fair housing statute.  Nor have I seen Gun Owners listed as a protected group in any landlord law.

Again, I am not a lawyer and I will gladly defer to you or anyone else who can point to specific law regarding the topic of guns and leases.

Cheers.

Post: guns in rental unit

Randy E.Posted
  • Rental Property Investor
  • Durham, NC
  • Posts 1,301
  • Votes 1,311
Originally posted by @P. Martin:

"Unless otherwise unlawful, any person over the age of 18 who is not prohibited from possessing firearms may have a loaded or unloaded firearm at his or her place of residence"

Again, totally not a lawyer, but that seems pretty clear to me. If I were a tenant in CA and otherwise not breaking a law then I would have no problem telling this landlord to pound sand based on that.

 My question would be, does a provision in a lease count as a prohibition against possessing a firearm on property owned by a landlord?

I'm not a lawyer.  I don't know.  If you are a lawyer and you have a valid legal opinion on this, I would love to hear it.  Whether in CA, TX, or NC, or anywhere in America.