All Forum Posts by: Account Closed

 LOL, well you know what assuming does...

If he gives you 30 days notice and pays to the end of the 30 days, you can't evict him, unless he's done some other breach worthy of eviction.

As far as reporting him somewhere just for the fact that he breached his lease, not that I know of.  And I'm always amazed at how seldom landlords actually call previous landlords for references. 

You'll have to just look up the state laws where the property is, as far as if you can charge him for the full amount of the lease.  Some states allow that.  Then if he doesn't pay you, go to collections or get a judgment.  

Good luck.  You might want to share where the property is, to get some better answers.

@Kevin Polite when I first moved into the building I ended up managing (moved in first as a tenant), I was so sad the tiny studio didn't have a tub - but I loved the price and the location.

Fast forward, 2 years later, I was the resident manager.  None of the 26 units had a tub.  The owners had converted them all to showers only, to save on water and eliminate any tub overflow damage (which had happened).

I then managed the place for 8 years, showing the units mainly to single young people, or young couples.  Not ONE of them ever moaned the missing bathtubs.  Not one.

And my units with bigger closets (was a WWII conversion, with different units) were a huge hit.  Young people, in my experience - whether they're professionals or students, want showers and big closets.

So, my vote is to convert to a shower and a bigger closet.  I think you know your market.

Now, I can tell you that I ONLY look for places with tubs LOL.  I was 10 years without a bathtub, and couldn't wait to get a home with a tub.  But, hey, I'm an old lady :-)

BTW, I did rent to a couple with a young girl, around 3 years old.  They just took her into the shower with them.  And another young couple had a baby while in the building, until they bought a condo and moved out - and they just bathed the baby in the kitchen sink.

I just did a bunch of research on this, and honestly, I think your best bet is to consult a New York lawyer who specializes in Section 8.  I just Googled "New York Section 8 landlord lawyer" and a bunch popped up.

From what I read, you can only terminate Section 8 tenants for cause. I looked up the HUD rules for terminating tenancy, and everything was about "for cause" issues. I couldn't find any info on when a new owner inherits these tenants and doesn't want to participate in the program.

On the one hand, this would seem like there's no rule against offering them cash for keys, but it seems like the entire process of changing owners, must involve the PHA (Public Housing Agency).  Payments stop once they know the property has been sold, until the new owner is verified and signs a new contract.  And they have to sign off on all contract changes, so they may have to also sign off on any cash for keys offers, too.

At any rate, if I was you, I'd consult a lawyer first.  Of course, you could always just call the PHA first, but they may not be on your side as far as helping you take another Section 8 property off the market.

Good luck.

@Josh Crawford By the way, I love the Nolo Press book for California landlords, and it includes contracts and other forms.  It was my bible, and their contracts are very easy for tenants to understand, which makes it easy to explain to them:

http://www.nolo.com/products/the-california-landlo...

 If your property is in CA, your tenant can break the lease.  You have a duty to mitigate damages, which means you have to try and re-rent it asap using reasonable means.  Here's an article on it by Nolo Press:

http://www.nolo.com/legal-encyclopedia/free-books/...

You still need to go by the book on the pre-move-out inspection, or you can lose all right to the deposit.  That info is on this website:

http://www.dca.ca.gov/publications/landlordbook/se...

You can use the deposit for any rent owed and any damage.  But, if you don't do things the right way, you can be sued and have to give it all back, even if he leaves the place trashed.

So, give him his proper written notice about his right to an initial inspection, be sure and send him the itemized list of deductions within 21 days.  

If you evict him, you don't have to do the above.  Read the pages above, and you will know what to do.

CA is tenant-friendly, but the tenant still is responsible for rent until you find a new renter - as long as you make a reasonable attempt to do so.  Breaking the lease is not illegal or punishable, in and of itself.

And don't charge any non-refundable fees - they're not allowed.  In CA, the laws are designed for a tenant to get his full-deposit back, and any fee you collect, no matter what you call it - is a deposit that they can get back.

Then, if he leaves owing you money, and you want it to show on his credit report, and don't want to deal with court or a judgment, you could try one of the landlord collection agencies, like rentrecoveryservice.com, where for a flat fee they'll send out a collection notice, but they will also report the debt as a collection to all three bureaus.  Much cheaper than court, so if your only goal is to get it on a credit report, that's the way I'd go.

I just wanted to mention that noise can be an issue with hardwood floors for tenants below another apartment with hardwood floors.  

This is one reason the owner I worked for only put carpet in the units (26 unit building - 2 stories), and linoleum in kitchen and bath.  He used inexpensive carpet so that it was cheap to replace.

That said, whenever I showed apartments, tenants would ask if it would be possible to take up the carpets and have hardwood floors.  When told no, they'd ask if it was new.  Many tenants are grossed out by carpet and knowing someone else's dirt is in it.

Regarding the noise issue, I've heard that some leases require tenants to put down carpets over the hardwood floors, to minimize noise problems.

It's been a long time since I took a marketing class, but if I recall correctly, you should consider a 2% response rate to be really good for any campaign.  So 2% of 31 is just .62.

And I'd think you need to send it more than once.

Have you considered sending one to each relative, instead of just the trustee?  If you can find that info?

Are you saying that she wants to move the existing falling-down fence, to the newly-dug holes? Or does she want the lumber?  I'm confused.

I'd be tempted to tell her, "Well, this fence is on my property, so it's mine.  It is not on the property line, and since the holes you are digging are over there, you know that this fence is mine."

Then, I'd probably say, "I'm going to go ahead and put up this new fence on my property.  If you want the lumber we're going to discard from the falling down fence, you're welcome to it.  I'll have my contractor throw it over onto your property (if you're willing to do that).  And you can have the benefit of this new fence of mine, or you can go ahead and put another fence on the actual property line if you like.  But, I can't wait to do this."

And then just do it.

From my understanding, fences are usually supposed to be a joint cost between neighbors.  That doesn't mean that always happens.

But, really, you're talking about putting  a fence on your own property - not on the property line - and she has no say on that at all.  In my opinion.

I'd take photos of where the fence is, and where she's digging holes, so she can't later claim that she's entitled to that strip of land under adverse possession (which would then put the old fence on the "new" property line.

I hope that makes sense.   I'd avoid calling the building department regarding fencing laws, because they may decide to charge you for a permit.  I'd go with the "Hey, you're getting the benefit of a new fence for free, so, why don't you just enjoy it?"

My guess is she's trying to figure out how to get money out of you for this fence the nephew is supposedly putting up.  I'd just continue on with the new fence, and if she actually tries to sue you, deal with it.  But, I can't imagine an attorney or judge saying you can't put a fence up within your own property lines.  Or saying she's entitled to take the old fencing that she clearly knows is on your property.

Heck, the fence is probably where it is because she's done this same act before LOL!

No.  According to this article, the previous owner can't get it back in PA:

http://www.nolo.com/legal-encyclopedia/if-i-buy-ho...

It says that foreclosure sales are "judicial."  Says that the former owner would have had to pay off the mortgage, etc., before the sale.  So, according to this article, it's yours free and clear.

Yes, you can start a business or work and still get your benefits - within their rules.  I was collecting disability while working as a resident manager.  What they look at is "substantial gainful activity."  If you can't work a normal 40 hour work week, that's what basically matters.  

Depending on whether you receive SSDI or SSI, will determine how much money you can make, what your assets can be worth, and still keep your benefits.  Here is a pamphlet that describes the rules.  By the way, there are work incentives, where you can work and collect your full benefits at the same time, while you try to work.  And if you end up off of disability, but need to go back on it later, within a certain time frame, you can just start collecting again without having to reapply.

http://www.ssa.gov/pubs/EN-05-10095.pdf

Because you are young, you can expect to be re-evaluated, though, if they think you may be well enough to perform substantial gainful activity.