All Forum Posts by: Rumen Mladenov

Makes sense @Michele Fischer. The issue here is that I do not have a judgment yet, and if their free lawyer is successful in getting this case dismissed like the eviction, the former tenants would have clean record - at least from their tenancy with me.

Thanks for chiming in @Mike Ariasand @Dawn Anastasi. Yes, the emotional drain is a bigger problem for me than the $1,700, but it just seems unfair to let them walk without a fight.

@Jeff B., I see your point. I do not expect to recover much if anything, but at least the judgment on their record would be a red flag for the next landlord they apply with.

I am dealing with former low-income tenants who have a free lawyer. He was able to get the eviction dismissed because the pay or quit notices were sent to the tenants in one envelope, rather than separate envelopes addressed to the same house. After the tenants finally moved out, they left damages far beyond the security deposit - a total of 40 drywall holes, sharpie drawings all over the walls, broken doors, broken kitchen cabinets, urine soaked carpets, you name it. Filed in court to get a judgment for the excess damage, and the free lawyer comes up again - asks for receipts for every little deduction, proof that the damage list was sent on time, etc. etc. He is asking the judge to have the case dismissed with prejudice, or at least a continuance.

Would you keep fighting, or just give up? Amount in question is about $1,700.

Hey James,

I am a landlord from Newark, will be happy to help with any questions you may have. Are you currently a homeowner? I started out by purchasing my own house with very little down, then used a HELOC on it as a down payment on my next house and kept the old one as a rental.

I buy fixer-uppers, rehab them and rent them out. I am handy and do a lot of the work myself, I also manage my properties.

There a couple of REIAs in the area that meet once a month, have you attended any of their meetings?

@John Cimino

 do you still need a copy of the 5 day letter? I can send you mine, I have used it in numerous eviction hearings. The tricky part is when you have more than one tenant on the lease - you have to send each of them a 5 day letter in its own envelope, even though all letters go to the same address. I had a case where the defendants appeared in court with a free lawyer and claimed improper notification because the 5-day letters were sent in one envelope. The irony is that the case dismissed on a technicality on their record hurts them MORE than an uncontested eviction would have...

The main concern in this case would be mold - does the water reach drywall or other surfaces that mold can grow on? The real threat mold poses is subject to debate, but you don't want tenants to be able to claim that your inaction led to their health problems...

Hi Art,

Nice plan. I am also from Newark, I have not done any flips or wholesales but I have a few rentals. Will be happy to connect!

Rumen

I would be careful with the question about the number of people living in the residence. Declining an applicant because of family status or number of children may be challenged as discrimination, unless you have a valid reason (e.g. more people per bedroom than the code allows). Keep in mind that tenants have access to free legal aid (at least low income ones), landlords do not.

How did you determine the $1938 monthly expense? If it is just PITI+ HOA fee, your actual cash flow is way more negative than you think. Did you factor in vacancy, capex, repairs, turnover cost (painting, etc?) You may not have had vacancy yet and you may not have replaced an appliance or a water heater yet, but in the long term you will have those expenses, and if they are not factored into your monthly expense calculation, they will be coming out of your pocket.

And then there is the possibility of a special assessment. We had a condo association here that recently decided to replace the stairs on all units, and since there were no reserves they imposed a $10,000 special assessment on each unit. This is the main reason I stay away from condos even if they make sense on paper - and yours doesn't. I would say sell...

@Account Closed, I had one tenant who did not cut the grass on time. Someone complained, and the code enforcement officer came to take pictures and write a violation notice. The thing is, he also noticed a shed in the back yard, and added that as a violation on the ticket, giving me 30 days to either get a permit for it or tear it down. I tried to get a permit, and was told that if it is under 200 sq ft, I do not need one - luckily, it was under 200 sq ft, and that was good enough for code enforcement. What would I do if I rehab and rent out a house with a nicely finished addition, and then code enforcement gives me 30 days to permit it or tear it down? I would rather not take that risk.