All Forum Posts by: Shane H.

You all are right - I wont go the public shaming route - it does give a hint of satisfaction to think about it - as I've stated a few local area sports bars have done this with great success when things are damaged or stolen.

I just got off the phone with an old college friend that has been an attorney in the Marine Corp JAG division.  He's provided me with some actionable steps and after hearing his position I'm fairly confident the eviction on his record and forthcoming small claims court judgement will make his life difficult enough.  Not really wanting payback - dont want him to victimize someone else and to be a MAN and pay his debt.

I guess I got the idea from other local area businesses (mainly bars) that have done the same thing - anytime a patron is caught on security cameras doing something egregious and causing damages they will post it out on social media - usually the person is quickly identified and they end up making amends and paying for the damages.

All I'm seeking is our money back without having to lose half of it to a collections agency and secondly for him to knock his bullying off.  He's attempted to bully us starting about a month or two after he moved in.  (I forgot to mention we agreed no pets on the lease though I wouldn't have cared if any moved in with the proper deposits - I was assured no pets would be there - 2 mos later a pitbull and a small dog show up and I have video they are in the back yard for weeks - he continues to lie they are not there even after they were seen at a property inspection for HVAC)

I've been a landlord since 2006.  Up until now I've never had to evict a tenant.  I've had people owe me what I would consider decent sums of money however always treated those tenants with respect from our first interaction to the last and I've always been paid back even when I didn't expect to.

My cherry was finally popped and I had a tenant I was forced to evict.  I'm not sure why - but he chose to appear in court to fight the eviction - the attorney assured me he has nothing to stand on and the "trial" is set for this coming Monday - curious as to whether or not he shows up.

That being said I'm from the midwest and most people in KS and in general in states touching us operate different than other places - we can still at times do business on a handshake and a man/woman's word.  I've lived on the East cost and had culture shock when I moved there a few years ago as it is completely different there.  Anyways when we started to have issues with  him I gave him multiple, multiple opportunities to work this out like gentlemen between us.  

The man is a pathological liar as well as his dirtbag family.  He's a Captain in the military and in his 40's and has been using the military card to get people to kiss his butt and I'm assuming getting away with scamming people like me.  Well he didnt expect me to take a stand and fight against his bullying so after he tried to stiff me for another months rent so eviction court we went.  We have control of the house back as I had reports from the neighbors he moved out and he also text messaged me he left as well as was shutting off the utilities - so per the attorney that was justifiable enough to change the locks.

So - some of the damage I was aware of due to a couple inspections on the house - last time I was in it was April - 

This house was immaculate from top to bottom and I'd finished it in high end finishes as this was the house my wife/I lived in and as I continued my RE career in Wichita I wanted it to be a show piece to other folks I'd do business with I knew what I was doing.  We didnt even finish the remodeling until after we moved and purchased our business out of town.  So everything in the house was new from windows, to curtains, curtain rods, appliances (a couple we never used) granite countertops, custom kitchen cabinets (beech wood - very hard wood)  fancy backsplash, doors, HIGH END custom trim, flooring the 33 cubic yards of concrete for patio/driveway etc.  

In 6 months they broke 3 light fixtures - I had reports their kids were spraying a garden hose from the outside of the house into the kitchen, broke a large kitchen cabinet door, broke several plastic pieces of a new higher end Fridge, fist sized hole in the wall, carpet stains and the entire house may need another repaint, damaged woodwork, scratched kitchen cabinets, stole the curtain rods, curtains my wife spent a lot of time picking out stolen, destroyed the back yard - let the weeds grow several feet tall in the flower beds etc.  

So given my track record of vetting tenants I'd been good - this guy is a pathological liar and a sociopath so he was able to pull one over on me - glad he's out.

That being said I'm debating pulling photos from their FB pages and coupling them with photos of how he left the house, and putting FB posts in several local landlord forums, social shaming forums, and then paying $100 to advertise their misdeeds on FB, post the post on his military command's FB page, email it to their media relations etc - my whole reasoning is obviously I'm angry I was lied to, and to me the biggest deal of all is trust was broken which where I live is a HUGE deal and by the time this is done he's going to owe around $3-5k which to me is not an insignificant amount of money and I know with his Captains salary and BAH he can more than afford to pay me back.   

Part of me thinks I'm wanting to do this due to being betrayed but the other part of me is that he has a bullying mentality (he's a very large built imposing military man) and I dont think anyone has ever stood up to him and it's time to take a stand.  The second motivation for doing this is to motivate him to speak to me and work out a payment plan so as I remove the posts. 

Please give opinions to the ramifications of doing this and if it's a bad idea - due to our US societies love affair with the military I'm afraid this can backfire on me - if he wasn't in the military I wouldn't have second thoughts.  (No offense to the military folks on here - my dad was in for 17 years and many other family members have served - however the current military folks are far different from the old school ones and feel it's everyones right to kiss their butt and they can get away with anything - dont get me wrong there's a lot of good ones and they outnumber the bad by far - but we cant dispute today's generation is far different than many years ago)

Yes I have - he seems like a nice guy. I learned the industry (still have LOTS to learn) by exposure from my wife (she had been a CMA/CNA for a # of years) and then seeking out someone who had started an assisted living business and spending some time with them (connect with them via biggerpockets) And by taking the leap.

I've definitely never been happier and it's pretty fulfilling as well - the residents really do depend on you for a lot and are very grateful - much different to experience graciousness from folks compared to what I was doing (insurance claims where everyone was angry all the time - it had wore me out...my insurance experience has come in pretty handy though as we try to navigate and specialize in medicaid payers) 

The way I can put it if the family is wanting to get out of paying - and they think spending $3-6k or whatever amount is needed for her care is too much then they need to factor in 24/7 care at $12/hr + 15% for taxes, food, utilities, rent, insurance, outside upkeep, maintenance etc and add that up for a month and they will see what a bargain ALF can be

@Scott Harper

Has your friends mother went to Assisted Living or a nursing (skilled nursing) home?

If she went to Assisted Living - I can help you but it's only KS Specific - each state is different but I'm guessing some of the guidelines carry across states in regards to how she will pay for the ALF and eligibility for Medicaid and Home and Community Based Services (which is a medicaid program that would help pay for ALF)

Anyways in KS - in for someone to qualify for HCBS/Medicaid to help pay for their care either in the  home or assisted living - you need to have less than $2k in assets - and consistently less than $2k in the bank - there is also something called a 5 year lookback period - I do not 100% understand how the lookback period works but will soon enough.

So - as far as the assets are concerned - if your friends mother has the house and any savings there is no way the govt will be paying for most of her stay in ALF - and I also think it would be difficult to house her in an ALF facility for $3k per month - can be done but tough - 

Due to no estate planning the family needs to decide on what they are going to do - they will either need to sell the house now and just pay her money down at the private pay rate in a facility until she "runs out of money" then apply for Medicaid and go from there or see if the strategy of renting the house with her present income will be enough to cover the facility she's staying at.

Individually the systems are simple however there are so many moving parts to Medicaid HCBS I've discovered in my time as owner of a facility I can 100% understand the families frustrations.  It's not an easy system to navigate.  We are hoping to have our facility in KS become experts in this area.  I think we have a leg up on a lot of places already.

Hope that helps a bit - I dont even know if many elder law attorneys will understand the medicaid system very well - they may, but wouldnt hurt to talk to one and if the facility his mother is at has decent staff and the facility takes HCBS residents the executive director there should be able to help a lot as well.

https://www.eventscribe.com/2018/AHCANCAL/    (For the nazi mods - I'm only giving him a link to a conference he can attend to better his education and learn about a topic he's expressed interest in)

@Kyle Mitchell - yes - it's not easy - but rewarding.

I can only answer KS specific stuff - each state is different in their regulations - some will be similar though.  If you still live in Long Beach (not sure how far it is from San Diego) - there is a 3 day conference for NCAL (national center for assisted living) for 3 days in October - I'm 90% I'm going with a friend if I can get the wife to approve - she'll be in her 2nd semester of nursing school so it may be tough for me to get away with us having a 4 yo at home.

Welcome @Bryant Diel - I'm over in the Topeka area so not far from you - have any quail on your land in OK?  I've quail hunted a couple times near Buffalo just a bit west of  your land.  

I think the folks are right - you can 1031 the farmland into multi family rental etc. I'm not sure what crop land is going for in OK - guess it depends on if it's dryland or irrigated land and the type of soil, crop land vs pasture etc - anyways lets say you get 2-3k an acre - that's plenty to get you going. As another guy pointed out as well however title is held on the property when you go to sell it is how you'll have to buy the exchange property - IE - Bryant Diel and Bryant Diels Mom - youd have to buy Bryant Diel and Bryant Diels Mom - or ABC Co LLC - ABC Co LLC will need to purchase the exchange property.

You could leverage up to a significant property with your first purchase if your farmland is free and clear.  I'm not a 1031 exchange expert but have bought and sold 6 properties this way in the past 2 years (1031 exchanges)

Would be glad to help how I can - can also give you some tips on what I've learned may be beneficial for estate planning as far as navigating Assisted Living/Medicaid HCBS etc - (Tip - unless you want your mother to go private pay in assisted living and drain all your money you may want to start getting assets out of her name now - guess it depends on where she'd want to live and how much you want to spend) -- Anyways we've been trying to become experts at our facility on HCBS and the different waiver programs (specifically Physically Disabled - which your brother may fall under at some point and Frail Elderly which your mother can fall under at some point)

@Thomas Hausfeld welcome - have a few buddies that graduated from Bishop Caroll as well as my mother - but WAY before your time...ha - Take some RE classes as electives at WSU - they have some pretty good teachers - the head of the RE dept is a great guy - can learn lots from him and get a few doors opened if RE is what you're interested in.  Stanley Longhofer