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All Forum Posts by: Shiva Bhaskar

Shiva Bhaskar has started 53 posts and replied 506 times.

Post: Why is my Memphis investment property losing money?

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476
Originally posted by @Tony Kim:
Originally posted by @Jackson Long:

@Account Closed Let me try again a bit more direct.  You are giving some anecdotes about your experience that loosely translate into "it can be tough to pay the bills with a regular job- I am smarter than that and so I invest in internet start ups! Its the only way to get rich!"  Speculating for appreciation has made A LOT A LOT A LOT of money for a lot of people.  You can also lose your shirt with a single bad choice.  No matter how smart you are, no matter how much you know, no matter how careful you are- it is at its heart a lottery.  Its not a business it is a game of chance.  Investing for cashflow can be a business.  It is much less exciting- but has a much higher probability of success over time.  It is repeatable. 

So when does an anecdote stop becoming an anecdote that's akin to winning a lottery? So many people have invested in primary markets on a long-term basis and have made a crapload of money. Anyone can lose their shirt when making a bad investment...it has nothing to do with investing in CA vs. the Midwest or South. If investing here is nothing more than gambling, why are syndicators so active here? There is development going on in literally every block in my neighborhood. Like Account Closed, I now only invest in CA after I realized that investing OOS just isn't for me. And the deals that I invest in cash-flow and generate long-term wealth. It's not gambling, it's not taking a chance... it's an investment strategy that's been backed up with nearly a century of data. 

What I consider real gambling is buying TK properties and underestimating PM costs, underestimating long-term cap-ex costs, underestimating tenant turnover costs and also believing everything the provider says....not to mention, purchasing an SFR in an area with demographics primarily composed of renters and a median income that will never drive up SFR prices (which typically happens when neighborhoods are predominantly owner-occupied), and in the middle of neighborhoods whose appraisals are artificially inflated by other TK property transactions.

 Agree with you Tony. I got involved with some smaller stuff out of state, and after really breaking down the numbers and long term returns, realized we would stick with:

a. Los Angeles rentals, primarily multifamily. 

b. Stocks

c. A home run syndication out of state

C has not happened yet, and I'll admit I'm not in much rush to pursue it. I suspect LA returns over a 10 or 20 year horizon beat 95% of those deals. A and B have been incredible. I'll stick with what works. 

I will say that a savvy local operator in some of these other markets can do very well. I'm certain there are guys in Memphis making money hand over fist on buying and rehabbing the right deals. I met a guy like this when I visited Cleveland. However, since I have no plans on moving out of CA, better to stick with doing the very best deals here. great post Tony! 

Post: Tenant Attorney in Los Angeles

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476

Hi Brian, I'm a local investor and attorney. I know a few folks / law firms that I'd say are pretty good. BP doesn't like us sharing this sort of info publicly on the forums, so please feel free to send me a message / colleague request, and happy to share. ,

Post: Cash 4 Keys only option, not able to evict in CA

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476
Originally posted by @Rajesh Venkatachalam:

In 10 years their lease should be month to month by now. Is it not possible to terminate the lease and have them vacate? 

If the situation above is possible, no tenant will ever move unless paid. What am I missing?  Is it because they are not market tenants? Apologies if the question is naive, I am new to RE and have investments in SF Bay area and this has got me worried.  For out of state, I agree with @Shiva Bhaskar.  Investing in TX and Chicago has worked out well but have different kind BS with the upside of cash flow with leverage 

 Rajesh, city of LA requires you to renew leases on pre 1978 rent stabilized properties unless you have just cause for eviction (or are exiting rental business via Ellis Act). Just cause includes tenant violating lease terms, or moving a relative into a unit. 

Post: Cash 4 Keys only option, not able to evict in CA

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476
Originally posted by @Jennifer A.:

Hi BP,

I'm in the process of purchasing a duplex in LA.  The owner passed and left the house to her 95 year old sister, who is selling it.  The front unit is empty, but the back unit has been occupied by a couple and their mother for 10+ years.  They pay a ridiculous $650 in rent.  I opened conversations of what's to come - complete renovation of both units, including foundation repair on the front.  I asked them what they were thinking about a relocation fee and they came back to me with $50K.  I told them that was about of my budget and I was looking more at $15K.  They took a few days to think about it and said they could do $40K.  Needless to say, I think this amount is insane.  

Based on a conversation with LA County Consumer & Business Affairs, I was under the impression they qualified for relocation assistance amounts under the guidelines they set.  After speaking with LA County Housing & Community Investment Dept, they said that's not the case.  That only applies if I evict the tenant, which based on my reason (renovation), I cannot evict.  

Has anyone had a similar experience?  Is it true I can't evict (putting aside eviction moratorium)? It seems crazy that a tenant can just stay in the house if a landlord wants to renovate and will only leave if they're given a ridiculous amount of money.  Any insight would be helpful, even if it's to contact a lawyer.  With that being said, if we can't come to an agreement, I'm ready to cut my losses and walk - I won't be giving this tenant $50K.  Thanks!

Jennifer, I'm a local investor and attorney. A few questions:

1. Are all adults in the property on the lease? If not, that can be grounds to evict. 

2. If you have a relative (not like a random cousin, closer relation) who wants to occupy the property, or you want to occupy it, you can move them out for just relocation fees (which are likely lower than they're asking for).

3. Feel free to DM me if you want to consult with a landlord attorney on this. I know a few good ones.  

Post: Cash 4 Keys only option, not able to evict in CA

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476
Originally posted by @Gary L Wallman:

Serious question. Why would anyone in their right mind invest their hard earned money in such an over regulated environment? Masochism? Everyone knows it only going to get worse. Does anyone but me think giving some renter who has had a bargain basement rent for 10 years 40 thousand dollars to move out is ridiculous? Even if it makes economic sense it's certainly immoral.

Why not just invest the money in a syndication in a normal state? 

It's a fair question. The reality is, these regulations mostly chase out the mom and pop owners and those who don't want to deal with it. Leaves more opportunities for those willing to deal with the BS. As a result, housing supply remains constricted, and due to that in Proposition 13, our appreciation and overall returns are incredibly strong. The $40K is ridiculous from a fairness standpoint, sure, but when you look at the returns a few years later as a result of doing it, this often makes sense. 

To be sure, I think there are some great investments out of state. However, people go through this in CA because it often pays off very well for those willing to deal with the BS.   

Yes! This will be amazing. Who's down to discuss BRRRR and multifamily investing.....after hours on Bourbon Street? For those who haven't been, New Orleans is an incredible city.

Originally posted by @Taylor White:

I'm trying to work through some investing thoughts and would love to hear other people’s thoughts/opinions!

Theoretically, right now, I could sell one of my rent houses and not have to pay capital gains on it (because I lived in it for 2 of the last 5 years.) I think I could sell it for $175,000 or so. I owe ~$76,000. So after selling fees and repairs, I should end up with at least 75,000. So here is what I'm seeing in "keeping" vs "selling"

Keep: cash flow 5-6k per year. After 25 more years the house will be paid off and worth probably $400k. I will also probably have spent ~50k on repairs and renovations in that time. So house value + 25yr cash flow - expenses should be about 500k give or take...

Sell: Put the 75k into something safe (probably just a mix of index funds) assuming an average of 8% per year for 25 years, should come out to over $500k. And I won't have to deal with clogged toilet phone calls for the next 25 years haha

Am I missing something? Even keeping the house after it's paid off and cash flowing $20k/year doesn't compare to the average gains of the $500k in the s&p. Also, I haven't factored in the tax benefits of keeping it, but that gets complex and hurts my brain.

I always lean toward holding my properties, but the recent surge in DFW prices and the closing window of being able to sell this one without CG taxes has me re-thinking..

 Taylor, a few thoughts:

1. I think it's good to be in the stock market. I think this forum has a strong preference for real estate (and I prefer real estate in many ways), but I keep money in the stock market (passive mostly), for the very long run, and plan to keep doing so. If you're not already, I think it's well worth doing.

2. Doing a 1031 exchange into another property to increase cash flow and future growth isn't a bad idea. Nor is is a bad idea to obtain a cash out refinance to buy more, assuming your tenant base is stable. If you're weathered the past 16 months OK, you should feel comfortable. Be conservative, but taking out some cash isn't a bad thing if used to reinvest.

3. DFW area is growing fast, and I don't expect it to stop anytime in the next few years. I saw this as someone who is from Los Angeles, invests here, and has no plans to go to Texas etc. There will be fluctuations, but it feels like good single family rentals in Texas are a nice long term play for a local guy like yourself, despite the ridiculous property taxes there. For that reason, the cash out refinance may not be a bad idea.  

Post: Advice Needed | Tenant Los Angeles Section 8

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476

I do know that Section 8 tenants can move into another unit, but obviously the rent will be higher. You can explain to her that the rent is higher due to renovations, and if she can pay more, and Section 8 is OK with it, you could have her move to the new unit. If she tries to violate the lease, she'll not only face eviction, but have issues with Section 8. 

Post: VA loan for multi unit

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476

Hi Alexander. Up to 4 units is fine, 5+ is commercial. Your spouse can borrow with you, but not typically others, i.e. you can't usually bring on your buddy who's not a veteran, as your partner in the deal. I do know a few good folks who handle VA loans in the LA area, feel free to DM me and can send their information along.

Post: Tenant threatens to sue me for $20 000

Shiva BhaskarPosted
  • Investor
  • Los Angeles, CA
  • Posts 523
  • Votes 476
Originally posted by @Nathan Gesner:

I rented to a work-from-home attorney and I quickly learned why he worked from home. He was late on rent for the third time, and this is the response he sent me:

Dear Nathan:

Thank you for your recent correspondence. You have contacted me on several occasions to collect an outstanding debt you claim is owed. I am contacting you to formally request validation of the alleged debt concerning this account and to inform you that I hereby dispute the validity of this debt.

I am also requesting you provide documentation showing I am, and should be, the party responsible for paying for improvements made to the property I rent. As you recall, I spent $1,130.00 for the removal of the tree, stump, petrified wood, installation of more gravel and labor associated therewith. See attached Invoice.

Through this letter, I hereby request proof that I am indeed the party you are asking to pay this alleged debt, and for proof that there is a binding contractual obligation to pay this alleged debt. Please provide adequate validation of this alleged debt, including but not limited to documentation of:

  • Complete payment history, the requirement of which has been established via Spears v. Brennan, 745 N.E. 2d 862 (Ind. Ct. App. 2001);
  • The agreement bearing the signature of me, wherein I agreed to pay;
  • The letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 2002 U.S. Dist. LEXIS 26788 (D. Conn. 2002) - Information relating to the purchase of a bad debt is neither proprietary nor burdensome. Debtor must clearly phrase their request to obtain: the source of a debt and the amount a bad debt buyer paid for plaintiff’s debt; how amount sought was calculated; where in issue a list of reports to credit bureaus; and documents conferring authority on third party to collect debt.
  • Documentation of the creation of the debt with your collection agency.

Under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that reporting a collection account is indeed considered a collection activity. Boatley v. Diem Corp., 2004 U.S. Dist. LEXIS 5089 (D. Ariz. 2004.

Please be advised that I am enforcing my rights under the FDCPA and under Wyoming's Landlord/Tenant Act, and that this correspondence shall in no way reflect a waiver of any of the rights prescribed under either of those Acts which are not expressly asserted herein. Please cease your collection activity until I receive confirmation through the above information requested. Please also direct any future correspondence to me in writing.

Sincerely,

Ambulance chaser (name changed to protect the guilty)

Here's my response:

Dear Ambulance Chaser,

Our lease agreement allows you the use of the property at 123 Straight St in exchange for rent. That's my authority.

The landscaping improvements were requested by you and approved by the owner. You specifically told us - in writing - that you would pay for these improvements yourself. Perhaps the attached agreement signed by you will jog your memory.

I'm a simple guy and don't feel threatened by legal jargon or $5 words. Pay according to our agreement or we can finish this discussion in front of Judge Hammer. Perhaps he'll be more easily swayed by your legal gymnastics.

Best regards,

Nate

Needless to say, he paid and he stayed for another six months.

Nicely done. I'm a lawyer who deals with consumer credit issues, and the FDCPA does not even apply to an original creditor (i.e. a landlord). This lawyer could not even bother to do some basic research. My profession truly attracts some morons.