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All Forum Posts by: Account Closed

Account Closed has started 21 posts and replied 4391 times.

Post: Tenant broke the handle of microwave. Security deposit?

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

No, for goodness' sake.  How can anyone break a handle on a microwave by some kind of abuse?  If the handle broke off, it was a lousy, cheap microwave.  Not their fault.  Get it repaired and write it off.

Post: problematic tenants not paying rent

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

In CA, even though there's a moratorium on evictions, that doesn't let them off the hook as far as owing the money.  If that's the case in NY, let them know that.  Let them know that if they don't pay, they will still owe the money and they'll face eviction when the courts open up and that their credit will be ruined, even if they move out before a formal eviction can be had, because they'll still owe the money and you'll still be able to get a judgment.  Then explain what that means - that then their wages can be garnished, that judgments can be for 10 years and renewed every 10 years, etc., and you'll be able to hire a collection agency, etc.  You can let them know all of this in a nice way, and say just in case they think it means they won't owe the money, they're wrong... and you might be able to negotiate them out of the unit, at least.

Post: Communicating with tenants

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

In most states, texts are considered legal writings.  If your tenant agrees to texts being your main way to communicate, and you've established it as a regular means of communicating, that's all you need to do.

Post: Seeking Advice on a Non-Paying Tenant in CA

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

Honestly, I'd put the property up for sale as-is with tenant in place.  Oakland is a terrible place to be a landlord right now.  And not the only place.  But, Oakland has even been a PITA for landlords who were willing to take Section 8 and who decided it's not worth it prior to Covid-19.  But, it's not any better for landlords who don't.

There's a crazy notion in Oakland that all landlords are not only evil, but have unlimited resources to house tenants without compensation by the government.  And, to put things into perspective, I'm a moderate democrat and believe in tenant rights, but things have gotten ridiculous and Oakland is one of the worst as far as not seeing any landlord rights whatsoever.

On the bright side, property value is still high in Oakland.  I'd take advantage of that and get out.  Good luck.

Post: New Tenants want a walk through week before move in. Trap?

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

Stick to what you said.  It's completely fair.  If they want to back out, then deal with that.  What you told them is reasonable and lets them know you don't ask how high when they say jump.

Post: Do you think the buyer can get out of contract?

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

Without seeing the contract, nobody can advise you.  I suggest you get advice from a lawyer.  I don't understand your post, honestly - too many details left out.

Post: Lease w/ Option 2 Buy gone WRONG!!

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

It's not your job to turn him into a smart or honest person.  Move ahead with whatever you need to do and tell him he needs to contact a lawyer if he doesn't understand any legal proceedings, then don't interract with him again personally - leave it to the lawyers.

Post: Will people leave cities post COVID 19?

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

I was managing an apartment building during the Great Recession 2008 years.  People left the SF Bay Area in droves and prices for rentals and properties plummeted.  Look at it now.  People left in droves, then came back in droves.

Will things change in any huge way because of the option to work from home?  Not for the vast majority of workers.

So, I think this will be much like it was back then.  Prices will fall, some will be able to work remotely and stay that way, but most will not, and the prices will increase again.

If it means there will be less demand for the supply, then rents will come down some and prices for properties will come down some. But, because the vast majority of jobs will not be able to be done remotely, and people will always want to live here because of the culture and weather, I don't see a huge change in the long run.

Post: Duplex built as two separate condos, potential upside?

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247

Owning both sides of the duplex is great, in that you don't have to deal with a HOA or negotiate with the other side/owner regarding repairing the roof, etc.

I know someone personally who owns only one unit in a duplex.  So far, they haven't had to deal with negotiating anything.  They rent it out to a tenant right now.

I personally, wouldn't want to only own one side.  I don't like having to negotiate things like common walls, roofs, etc.

The only downside I can think of would be if paying separate tax bills would be more expensive than just owning a property with one tax number.  Other than that, I can't think of any down side.  

In fact, the seller would probably give a better deal to you, by not having to find two owners who want to deal with only owning half of a property with all of the above issues.

Post: Anyone begin their real estate journey in their late 40s?

Account ClosedPosted
  • San Jose, CA
  • Posts 4,456
  • Votes 3,247
Originally posted by @Jai Reddy:

@Sue K.

I wish I could meet you and just talk. Your views about people and children and legacy align with what I’ve observed since I was a child. In another post somewhere, you said ‘people change because situations around them change’. Likewise, performing the ‘due diligence’ around one’s estate so kids and relatives don’t quarrel has been my goal as well after seeing my parents’ siblings others grow distant from each other because of handed down properties without even all the paperwork in one place.

 Because of my age and experience now, I think it's safer to expect that everything will change and to not have any expectations - other than to expect that everything will change LOL and not in a good way.  It's just safer to start out expecting that when you die, all heirs will not be getting along and to write your will and trust accordingly.  If they all happen to be getting along, then they will all happily enjoy what you've left them.  But, if what you leave them relies on them getting along in any way, shape or form, odds really are that that will end up badly.

And I don't think you need to think of that as sad or bad.  Just think of it in terms of people change.  People's needs and relationships change.  And, if you don't put them into a position where they might have to agree - which means they might disagree - you'll actually be sparing them a lot of stress.

I think it's actually much kinder to do things this way.  And, if you care - of course, if you're dead, it's their problem, right? - then it's best to also create a video that shows you are sane when you made the video, that it makes sense that you made the choices you did, etc.  I know someone whose will was contested and they lost and were told that if the decedent had made a video explaining their choices, it would have made all the difference.  Just having it in writing wasn't enough.

It's just awful when heirs fight.  So much of the estate is lost by legal fees and court fees - even if it's just because there isn't a will and everyone is getting along.  Then, if everyone starts fighting, there are even more legal fees (meaning lawyers) and court fees.  Everyone can end up with nothing or so much less than they could have.  But, does that cause everyone to get along?  Unfortunately, not usually.