All Forum Posts by: Douglas Snook

If there is still time on the lease, I would not change the lease to just her just yet. They may get back together.

As long as the rent gets paid at the moment I would not do anything to get involved. If the rent stops I would check with a landlord tenant attorney in your area. There may be certain rules and notice that have to be sent to him at another address etc. She may qualify for emergency housing/section * help with the rent without him around and may actually need a pending lawsuit to get the funds and be able to get you paid.

Bottom line, tread softly for the moment but seek a competent attorney in your area (and be sure to ask if they have any experience in this type of situation, not just a standard eviction)

Please check with someone who knows GA landlord tenant law specifically. You want to make sure you end the tenancy correctly so that if the do not move out you can move on to an eviction without any problems.

I would not relay on text other then to discuss terms but put it all in writing and have it signed at the end and have all parties sign it.

(Just as an example, in MA it would be too late to end the tenancy by December 31 as you must give at least one rental period notice, which is usually a month. Doesn't mean of course that they can't just up and move out early in the middle of the night - tenants have more rights in MA then most other states)

@Chris V. Quit claim deed is usually how it is done in MA. Also MA is quirky and uses attorneys to do the closings NOT title companies. You can hire a "title examiner" to do the title run down for you or do it on line (although it may be hard to get copies on line from some of the registries, you should be able to see the documents) The title examiner will get you copies and do a report but usually does not make a legal determination if the title is "clear" or not, just points out things. Then the company issuing the title insurance policy will decide what they will insure over or not and what may need to be done to clear the title. You may want to buy it even with issues if you are going to fix and flip. Depends on what the issues are. You can fix them while you fix the house and then have the title clear when you go to sell.

A foreclosure should have wiped out just about everything provided the foreclosure itself was done properly.

Feel free to contact me if you have any other questions.

As part of the due diligence/closing process, be sure to get the Estoppal letters from each tenant and compare to what the landlord/seller is saying.

Be sure to understand how those deposits have to be held by you in the future. In MA it is very technical and frequently my buyers have the security deposits returned to the tenants in case they have not been held the correct way or they could become liable.

A couple of times I have had to go back after the seller because the tenant was able to prove they gave a deposit and the seller said there was none so my buyer client was on the hook. Be sure something like that is written into you buyer agreement

I think Filipe has a good point. What happens if they don't pay? Does just that unit get shut off? 

The tenant is most likely not going to be used to paying the water bill and may not have it saved up quarterly. Especially in that type of area. Is there a way to bill it monthly, even an estimate, and you collect it?

Maybe you could have it plumbed that way now but not do it and in a few years if the area changes go to that type of billing.

As for laundry why not put a paid one in the basement if you want to offer that service rather then in the unit.

I agree with the other responses. If they don;t have it "tomorrow" send what ever notices you are required by your state law and start the process to evict ASAP. 

Even if they come up with it I would still look into ending the leases in any event (is there a clause about ending if the building is sold? Have they leases expired and now they are month to month) If you are stuck and have to wait out the lease, spend the time learning the local landlord tenant laws or looking for an attorney to help you. Make sure you end it properly.

You may be able to end the tenancy and say if they want to stay they need to fill out an application and pass whatever kind of check you would do for any new tenant.

Hopefully you got at least a new phone number. If they come up with it, maybe you can try to get them to fill out a new application so you have updated info as to who is actually living there as well so if you do have to evict later.

Not sure what escrow means in your area but did you do an inspection before going into escrow? It may be too late to change anything now, but ask to be sure.

I would definitely try to get them to change the knob and tube before closing otherwise how will you be able to get insurance? Won't the mortgage/finance company demand proof of insurance to close? If they will close without insurance on one building then definitely ask for some kind of credit or cash back and get the work done asap (The bank may close but require money be set aside for the work with it to be done in 30 or 60 days and proof provided)

Also try to get them to clean the chimney before closing and ask them to bring proof to the closing table for your records. The titling chimney is on you I would think unless it is about to collapse.

Are you buying at market price? These issues would be good points to offer less then market.

Rich - there is usually a law library at the local district or superior court house. The probate court may or may not be located in the same building. There is a law library in Salem at the new super combined legal court center (or whatever they are calling it these days).

You probably will want to look at 4,5,6, as those are generally about a fight regarding the property ownership where one party wants to sell and the other doesn't or who owns what percentage of the property. 7 is straight probate. 12 may get you something where a person can't manage their affairs and some one is appointed over them. Example, elderly person with no immediate family has to go into the nursing home so the house will eventually be sold to pay for it.

Whatever you do get a parental guaranty! I have a client who rents dozens of places in Boston and always gets a parental guaranty (with full application so you know their assets). Many times have had to go after the parents to get paid.

You could do month to month with a higher monthly rent to make up for the lost summer months and then use the down time to make any repairs.

Also ask them out right if they want it for the full year or not. Someone coming in as a freshman may not want to look every year for a new place.

When was she supposed to move in, November 1? Did you have any other applicants interested before you selected her that you can contact and see if they still want it? How quickly do you think you can rent it again?

Depending on how much work you might have to do would depend on what I would return to her. I would point out the terms in the lease that say what you can keep but maybe just keep one months rent and forget any fee. 

Of course you could just return it all with a letter pointing out what you could have kept but that you are returning it all.

I would also make sure you get her to sign a release and acknowledgement that she is canceling the lease.