All Forum Posts by: Douglas Snook

Check with a local attorney familiar with landlord tenant law in that area. I would think that you can not raise the rent if you have a contract (lease) for a year at a certain set amount. The tenant rented the place a certain way (with the fence) so I would think it needs to be replaced or repaired as that is part of what she bargained for when she rented.

Just mt two cents

I would sit tight where you are if you can until you can have this "removed". I would also ask your program contact (if you have one) what exactly the "removal" means.  If any one ask do you have to disclose? You don;t want to not mention it and then have someone run a check and it comes up if it is even going to come up "sealed"  then they may say you failed to disclose and not rent.

Over all I do not think this should be a big deal for renting. If you are working with a broker to find a place, tell them about it and ask them. They should have an idea about what landlord would find it OK or not.

I would be more concerned about how it would look if you applied for a job.

I have represented cash investors and always have them do a title search. Make the offer contingent on a "satisfactory" title search. Then review it and see if there are any issues and whether or not you can live with them, how much and how long it may take to fix.

My client does a lot of flips but over three to six months. If there is a problem and it can be fixed within that time, I work on fixing it so then when he goes to sell their won;t be an issue and his buyer can get a mortgage.

I agree with @Victor Eng. The way to go for an investment is a triple decker not a two family. Your unit may not be as nice or as large as a two family but you are not planning on living in it for ever anyway

@Victor Eng is absolutely correct. The first issue is did you handle the security deposit correctly? This is a tricky area and you could end up even more screwed.

When did the tenants move out? If it was less then 30 days ago you could send them a letter indicating the damage and that you are deducting from the security $800 (or whatever the damage is) and returning the remainder. Hopefully that ends it.

Now if they want the $800 they would have to sue you

If it has been more then 30 days since they moved out and you have not returned it, they could demand the immediate return TIMES THREE if they sued you in small claims and there is NO defense

As long as the rent is paid timely, the lease remains in effect with both people who signed. While the landlord can agree to end the lease and then do a new one with just one party, you need both tenants to sign off on it. Until that happens don't do anything. It is not up to you to get the tenant who left to the table to sign off.

You mention the tenant that remains is applying for some kind of assistance. Would that tenant qualify to rent on their own? If not then why would you want to do a lease with just them?

Explain to the one remaining there is nothing you can do. They need to bring the other tenant to you to sign off on ending the current lease etc. (You would think that the one who left would want to get off the current lease as until they do they are responsible for the rent as much as the remaining one but who know why people do what they do.)

I would collect it AND a copy of the their License or whatever else they are using for a photo id. In MA the license number is not the SS number and we have had issues of people trying to pass off as their brother or a parent with lousy credit using a child' name and info.

Basically feel you can't have too much info. You never know when you may need it.

JP

In MA the judgment collects interest at 12% so it might be a good idea to wait a year or two anyway. If you know where they work, you might want to talk to an attorney that does collections about taking your case on a contingency basis so you would only be responsible for additional costs up front which can get added to what they owe you.

Some possibilities include wage attachment, if you know where they work, or if they straighten out at some point they may buy a home and that can be attached.

Another possibility would be to sell your judgment (might be ten or twenty cents on the dollar)

All depends on how badly you want to chase them.

Maurice

I am unclear as to what you are looking for. I do not recognize the term "trustee of sales". Are you looking for foreclosures? Tax sales? sales from an estate?

That may be why you are unable to find any.

By the way, it is very rare if ever any sale happens on the courthouse steps in Massachusetts.

James, feel free to contact me directly. What exactly do you mean by "investor friendly title companies"? Mass does not usually use title companies, but an attorney who is a title agent for a title insurance company to do the closing.

I would be happy to discuss any questions with you off BP if you would like to contact me directly.