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All Forum Posts by: Steve K.

Steve K. has started 29 posts and replied 2782 times.

Post: Rent Your Roof for Solar, Has Anyone Tried This Before ??

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

DIsclosure: I work for a solar company (if anyone reading this hasn’t read all the other solar threads on here yet). Also just for the record owning/financing a solar system is superior to leasing in my book partly because returns are better and for other reasons as well, but in the case of investment property when the owner can’t claim the tax credit, then in that case leasing is currently the best option for going solar. For a primary residence I always recommend cash or financing, not leasing. 

Post: Rent Your Roof for Solar, Has Anyone Tried This Before ??

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

@Nathan Gesner the leasing companies have driven equipment and installation costs so low that the systems are relatively cheap for them to install, and they sell the tax credit to entities looking for a tax haven, so that helps them recoup most of their initial investment and selling energy is gravy on top. You are not wrong that the margins are thin, if you follow any publicly traded solar leasing company you can see why they call it the “solar coaster”. I agree that 20 years is a long time to be locked into an agreement but the savings aren’t necessarily small, upwards of $50k for just an average resi system (in some areas depending on net metering, price per kWh, etc.) and much more than $50k for bigger systems. Keep in mind that the initial investment is often $0 when leasing so returns are infinite, it’s akin to getting a property with 100% financing and negligible mortgage payments.

Post: Rent Your Roof for Solar, Has Anyone Tried This Before ??

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

@Chris Seveney I normally would agree with you regarding ownership/financing being a better option than leasing. Ownership is typically better in almost every way. However in the case of investment property, the owner may not be able to take advantage of the tax credit, in which case leasing is by default the best option to go solar because the leasing company can claim the tax credit and pass those savings on to the owner. 

Post: Turning Garage into Airbnb

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

The issue is more likely to be creating another unit on your property. Start by calling your zoning/building department and ask if adding an ADU is allowed. Don't give hem your name if you want to stay off their radar. If your property is zoned to allow an ADU (and this is a big IF), then ask about regulations for short term rentals. Where I am, short term rentals in a spare room in your house require the owner getting a $25 business license, 7.5% sales tax, and the room can only be rented for 120 days a year or less. Failure to comply can result in a $12,000 fine (and they do enforce the rules, which are easy to enforce seeing as short term rentals are almost always advertised on a handful of websites that anyone can see including code enforcement agents). Definitely check out your local rules and regulations, and if there aren't any yet in your town regarding short term rentals, research whether or not there are any in the works as a lot of towns are adopting similar rules to my area. It would be a bummer to make that initial investment and then have new rules come out that negatively effect your situation, so it's almost better if your town already has rules in place, (at least that way you know what you're dealing with and can make a business plan based on the rules). And yes you should have the proper insurance as well. If you end up doing the work without a permit and get caught you could face hefty fines and have to undo all the work, or if you don't get caught it could cause issues when you sell.

Post: Rent Your Roof for Solar, Has Anyone Tried This Before ??

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

@Nathan Gesner average “break even” for solar where OP lives in DC is 5 years on a cash purchase in 2018: https://solarpowerrocks.com/washington-dc/ but payback period is irrelevant to the OP since there is no initial investment to be recouped on OP’s end, as this would be a leased system (a third party owns and operates the system, the upfront cost to OP would be $0). The third party leasing companies are able to leverage economies of scale/ bulk buying power on equipment / vertical integration to drive costs down such that they can install solar cheaply enough that they will be making money on the system very quickly if not immediately (by selling the tax credits to banks/investors/tax equity funds and by selling energy back to the grid at a premium) . They then pass the savings on to the owner of the roof that they're “renting”. 

Post: Tree Branch Fell On Car at Neighboring Property - WWYD?

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

Had this happen TWICE last year, and the neighbor still didn't have a claim even after the second time. 

Purchased a 4 plex in Longmont in July. A few days after closing, a big branch broke off a giant elm tree on the corner of our new property and landed on the new neighbor's house as well as her new BMW. Turns out elm is very dense wood, so the extremely heavy branch ripped off a corner of the neighbor's house on its way down: shingles, gutter, soffit, fascia board, even the framing of the overhang lookouts and some of the siding. Also did a ton of damage to the shiny beamer, plus made a mess of the yard. The neighbor (an elderly woman) got my number from our tenants and left me a message. I drove out there ASAP with my chainsaw and trailer, apologized, cleaned it all up really well for her and we traded insurance info. I thought for sure I'd be dealing with a claim, increased rates, possibly getting dropped, etc.  

After speaking to my insurance and her insurance I was surprised to find out neither one was planning to cover any of it. Even though it was our tree, the only way we could be held liable was if she had been able to prove negligence on our end. Seeing as we had owned the house only a few days I couldn't be negligent having no history with that tree and not being an arborist. She would have had to have warned me with an official certified letter that the tree was dangerous.  I fixed her fence and roof for her because I felt badly about her loss (I had tools and material out there anyway to remodel my building).

I had arborists come out and assess the tree. They removed any dead limbs and advised me to keep it as it was a healthy tree. About a week later, 100mph winds ripped another large portion of the same tree down on the same neighbor's house and driveway AGAIN. This time they had two cars in the driveway, the ill-fated beamer and a nice shiny new Nissan. Both were buried under another giant elm branch, and her grandkids were actually sitting in one of the cars this time (thankfully unharmed). Needless to say she was pissed and vowed to really come after me. Our insurance companies both opened a case. My insurance obtained a letter from my arborist and a copy of the local weather report that recorded 100mph winds. I was cleared of any negligence since I had recently had the tree professionally maintained and it had recently been deemed healthy by a professional. The wind event classified the claim as an Act of God. We were off the hook again. If the neighbor had proper insurance it would probably have covered it, but I don't know how she ended up faring (I haven't brought it up with her, but the beamer is still all cracked up in the driveway a year later so I don't think it was covered). 

I had the tree removed after this, $3k. I again removed all the debris from the neighbors property and fixed all the damage to the roof and fence. I just told them, "Let's let the insurance companies figure this out and I'll do what I can to help in the meantime". Since I incurred the cost of removing the tree and fixing their house they knew I had suffered an expense as well, and with the tree being gone now there's nothing else I can do. She apparently didn't have the right insurance coverage so that's on her. I don't see "mature shade trees" as a selling point on listings after this, and I will look up before parking from now on. 

 In your situation, the lady didn't notify you in the proper way about the tree. The letter, if it did in fact exist, should have been delivered to the owner of the property, not the tenant. If she's a PM she should know the tenant isn't the owner of the tree. She also should have used a certified return letter to verify that you (the owner) received the letter and were notified of the problem. Since there is no official record of the supposed letter, if it goes to court you would just say you never got any notice about the tree and did everything a reasonable person would do to take care of the tree. You had no idea there was a risk of it falling on her car because you are not a tree expert nor clairvoyant and you never received her letter that she gave to the wrong person. If she really wanted to cover her bases she should have documented the dead limbs that posed a risk by taking photos as well as having an arborist inspect the tree and provide her with a letter stating that the tree posed a nuisance or a risk in their professional opinion. Then she should have included both the letter from the arborist and the photos with the certified letter that she sent to you, the owner of the tree. If she doesn't have any of that, she doesn't have much of a case.  Also if she knew the tree was such a problem, why then did she choose to park beneath it? Furthermore, it's hard to tell exactly what's going on in that photo, but that tiny little branch looks too small to do any significant damage, and the dents appear to be hail damage (not typical of a tree limb which would be scratches not perfectly round dents). There's a chance her car was actually damaged in the giant hail storm that hit most of Golden last year and now she's looking for a way to repair it using your insurance. If that's the case, insurance experts will be able to determine if the damage to her car is actually hail damage. 

If I were you I'd politely extend my deepest sympathy for her car, express relief that no one was injured, thank her for bringing the tree to my attention for the first time, and wish her the best of luck with a potential insurance claim with her car insurance. She'll probably figure out soon enough if she hasn't already that she doesn't have a case against you without a certified letter or any way to prove you were negligent. You probably won't hear from her again.  

 I'd also remove the tree to avoid any future issues. The tree being gone will provide closure as the risk is no longer there, it's all taken care of, end of story, done. If it happened a 2nd or 3rd time, that would be tricky to explain. Removing the tree shows that you are not the negligent type and would be seen as a positive for you, not an admission of guilt. 

Post: To Get a Permit or Not to Get One

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

Boulder county or city of? In a normal situation I’d agree with everyone else here that you should get a permit and that the handyman recommending not getting a permit is dubious. However in our area it’s common for contractors to skip getting a permit simply because permitting can be downright next to impossible and unaffordable. I’ve had a lot of projects fall through because the permitting dept. They often require expensive upgrades such as sprinklers (~$10k), energy efficincy upgrades like expensive windows, insulation, solar panels, HERS rating requirements, etc. A lot of Colorado contractors won’t even work in Boulder. On top of the headache and expense, permitting can take forever and contractors can’t afford to wait months on end. So I can understand better than others on here why you’d consider doing cowboy style work. That said, if you’re not adding square footage and don’t trigger the the site plan review process, it might not be that bad to pull a permit in your situation. You’d  be required to use high quality energy efficient windows, but you’d probably want to use good windows anyway. In my experience permitting only gets very onerous when adding 1’000ft2 or more which triggers the dreaded Site Plan Review (SPR). I’d talk to a few more contractors, see if you can find one with enough local experience to tell you if you’d have to do the SPR or not, and have them put together a bid with permitting included to compare to your estimate going cowboy style. Fees for unpermitted work are hefty (twice the regular permit fee), and the enforcement division is definitely out and about, and they will definitely make you rip out any unpermitted work if you get caught, so consider the risk by all means. But you wouldn’t be the only one going cowboy style round here, especially in the mountains. 

Post: 30% Federal Tax Credit for INstalling Solar Panels

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

Disclaimer: I'm not a tax professional and this is not official tax advice. Anyone considering claiming the federal investment tax credit (ITC) for solar should consult with a certified tax accountant/CPA. With that said, I have claimed the solar ITC myself on my personal homes and also I have been working in the solar industry in various roles for about 15 years. The ITC is a 30 percent tax credit for solar systems on residential (under Section 25D) and commercial (under Section 48) properties. My understanding is that the ITC applies to primary and vacation homes/secondary residences but not rental properties. I have had solar customers claim the ITC on second homes and vacation homes without any issues. However I have also had customers ask their CPA's if their rental properties would qualify. In every case the CPA said no, the ITC only applies to primary homes or vacation homes, not rentals. There is language in the tax code stating you have to live in the home for part of the year to claim the ITC for the solar electric system that serves that property. Owned or financed systems qualify for the tax credit. If you lease a system, the 3rd party owner (leasing company) gets the tax credit. I have worked with investors who own large portfolios of resi rentals and the best solution for them has been to lease the systems or use a power purchase agreement (PPA), so that a 3rd party can claim the ITC and pass those savings on to the owner, since they can't take the tax credit on rental property themselves. I have solar on my personal residence but not my rentals. I would like to put solar on my rentals but seeing as the tenants pay the electric bills and those properties don't qualify for the tax credit, I haven't done it yet (although I may sometime anyway, after all other critical Cap Ex projects are completed). Several of my properties are in areas where leasing isn't an option so that solution doesn't work for me like it did for my above mentioned customers.

This is from the DOE website https://www.energy.gov/savings/residential-renewab...:

"A taxpayer may claim a credit of 30% of qualified expenditures for a system that serves a dwelling unit located in the United States that is owned and used as a residence by the taxpayer."

This is from the IRS website, instructions for filling out form 5695. (https://www.irs.gov/pub/irs-pdf/i5695.pdf):

"You may be able to take the credits if you made energy saving improvements to your home located in the United States... ...A home is where you lived in 2017 and can include a house, houseboat, mobile home, cooperative apartment, condominium, and a manufactured home... ...Your main home is generally the home where you live most of the time. A temporary absence due to special circumstances, such as illness, education, business, military service, or vacation, won't change your main home."

If you own commercial properties as a business you may be able to claim the ITC under section 48, but it would be important to ensure that the properties are zoned commercial and have commercial meters (not residential) and in this case the tax credit would apply to the businesses taxes not your personal taxes.

Here is the step down schedule of the ITC:

30% for systems placed into service before 12/31/2019

26% 12/31/19-1/1/21

22% 12/31/20-1/1/22

0% after 1/1/22

more info: https://www.seia.org/initiatives/solar-investment-...

https://news.energysage.com/how-do-i-claim-the-sol...

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Post: 30 % Federal Tax Credit for installing Solar Panels?

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

Disclaimer: I'm not a tax professional and this is not official tax advice. Anyone considering claiming the federal investment tax credit (ITC) for solar should consult with a certified tax accountant/CPA. With that said, I have claimed the solar ITC myself on my personal homes and also I have been working in the solar industry in various roles for about 15 years. The ITC is a 30 percent tax credit for solar systems on residential (under Section 25D) and commercial (under Section 48) properties. My understanding is that the ITC applies to primary and vacation homes/secondary residences but not rental properties. I have had solar customers claim the ITC on second homes and vacation homes without any issues. However I have also had customers ask their CPA's if their rental properties would qualify. In every case the CPA said no, the ITC only applies to primary homes or vacation homes, not rentals. There is language in the tax code stating you have to live in the home for part of the year to claim the ITC for the solar electric system that serves that property. Owned or financed systems qualify for the tax credit. If you lease a system, the 3rd party owner (leasing company) gets the tax credit. I have worked with investors who own large portfolios of resi rentals and the best solution for them has been to lease the systems or use a power purchase agreement (PPA), so that a 3rd party can claim the ITC and pass those savings on to the owner, since they can't take the tax credit on rental property themselves. I have solar on my personal residence but not my rentals. I would like to put solar on my rentals but seeing as the tenants pay the electric bills and those properties don't qualify for the tax credit, I haven't done it yet (although I may sometime anyway, after all other critical Cap Ex projects are completed). Several of my properties are in areas where leasing isn't an option so that solution doesn't work for me like it did for my above mentioned customers.

This is from the DOE website https://www.energy.gov/savings/residential-renewab...:

"A taxpayer may claim a credit of 30% of qualified expenditures for a system that serves a dwelling unit located in the United States that is owned and used as a residence by the taxpayer."

This is from the IRS website, instructions for filling out form 5695. (https://www.irs.gov/pub/irs-pdf/i5695.pdf):

"You may be able to take the credits if you made energy saving improvements to your home located in the United States... ...A home is where you lived in 2017 and can include a house, houseboat, mobile home, cooperative apartment, condominium, and a manufactured home... ...Your main home is generally the home where you live most of the time. A temporary absence due to special circumstances, such as illness, education, business, military service, or vacation, won't change your main home."

If you own commercial properties as a business you may be able to claim the ITC under section 48, but it would be important to ensure that the properties are zoned commercial and have commercial meters (not residential) and in this case the tax credit would apply to the businesses taxes not your personal taxes.

Here is the step down schedule of the ITC:

30% for systems placed into service before 12/31/2019

26% 12/31/19-1/1/21

22% 12/31/20-1/1/22

0% after 1/1/22

more info: https://www.seia.org/initiatives/solar-investment-...

https://news.energysage.com/how-do-i-claim-the-sol...

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Post: Ohio taxes- what is going on?

Steve K.#3 Investor Mindset ContributorPosted
  • Realtor
  • Boulder, CO
  • Posts 2,885
  • Votes 5,150

Sorry I just reread your comment and realized you don't yet own the duplex, my previous advice would be for properties you own!