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All Forum Posts by: Susan H.

Susan H. has started 27 posts and replied 224 times.

Post: Tenant Bed Bug complaints but nothing found on inspection

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132
Originally posted by @Chris Latham:

@Robert Ped  

We have a tenant that complained about bed bugs 3 months after they moved in. It's a single family residence (SFR) with no other houses or structures attached. We were very skeptical about the bed bugs being there previously especially since it took us 2 months to rehab the house and was vacant for 3 or 4 months before that. We were in and out of the house many times and none of us got bit and neither did any of the workers.

We called out a pest control company and they told us that bed bugs go into the electrical sockets and hide in the walls.  But for 6 or more months!?!  I don't think so.  Bed bugs can be picked up while traveling and brought back in luggage. 

But, we had little choice.  If the tenant left then we would still have to exterminate the bed bugs. Even though we were convinced that it was the tenants fault, we agreed to split the bill. It was $1,300.   Now, we going to include an bed bug and vermin addendum in all our leases. 

 Would you share your bed bug and veermin addendum please?

Post: When Good Tenants Go Bad

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132
Originally posted by @John Thedford:

I would list the actual repairs and costs to remedy them. It sounds like you know your state laws and are in compliance. 

 I will certainly do that in the itemized list at/before the 60-day point, but I don't know the repair costs yet, and I'm obligated to send the move-out inspection report within 7 days of the tenant's departure. 

I'm hesitant to estimate costs because I simply don't know.

Post: When Good Tenants Go Bad

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132

Tenants of 3 years purchased a home of their own in March and decided to stay in rental through lease period so they could renovate. Requests for extensions soon followed, and I approved (in writing) the first request for a one-month extension. After I declined more requests the tenants turned surly and said they COULDN'T for one reason or another, finally culminating in "the movers didn't show up." Setting aside the fact that I know movers don't work on Sunday in this town, I finally got them out earlier this week. Should be happy ending, right? Nope.

Thursday while doing the walk-through I discovered wet carpets in rooms adjacent to master bath. The culprit: shower head installed by tenants without approval, which was of course a breach of lease. I hadn't seen in previous house inspections, probably because the shower curtain hid that from view. (And yes, I'm changing my process to get 'eyes on' every appliance, fixture, etc. going forward). Plumber discovered the new head had a hole in the pipe which caused the leak. It now seems plausible that the hole was caused when tenant tried to remove the fixture before leaving which explains why the leak is so recent. Since I have the "do not alter, remove, damage, etc." clause in the lease the insurance company says the tenants are liable. 

I have to send a written notification of the final inspection via mail, and I have 60 days to send the itemized statement for the security deposit. Between the other repairs (such as broken doors) and cleaning up debris left inside and out which I have to pay to have hauled off, it's doubtful any of their security deposit would be returned. The water damage is on top of that. 

My question: In the final inspection letter do you recommend I simply state the major findings (unit not returned to original clean good condition order, damaged doors, debris left behind, and property damage caused by water leak? And that detailed costs will be provided within 60 days? 

Their deposit, ironically, is the same amount as the deductible for my Landlord insurance. 

Post: Tenant didn't sign move-out checklist but...

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132

Short version of long story: tenants purchased their own house in March but stayed in my SFH while they renovated their place. Lease was to expire June 25th. Skipping over the details, they requested a month's extension and the final "vacate premises" date/time was set for 9 a.m. Monday, July 25th. I made it clear by text, email, and follow-up letter that no further extension was possible and tenant acknowledged that by return text and email.

Early in July I emailed reminders and included the Move-Out Notice, Key Return Receipt, and a courtesy copy of their initial Move-In/Move-Out Checklist. The notice clearly stated “We have signed the completed Move-Out Checklist” and the tenants did sign that notice on the 25th before returning the keys. What they did NOT do, however, was complete or sign the Move-Out Checklist.

The house was superficially cleaned. Maybe they were hoping I wouldn’t notice the bad smell permeating the house, or the unauthorized changes to the shower fixtures, missing closet shelves, mold/mildew on window sills and frames, filthy oven (all contrary to Lease), and also cigarette butts and dog waste outside (both required to be disposed of daily per the Lease)….well, you get the point. I took pictures of everything, and have a professional cleaner coming in, plus a pro to tackle the carpeting.

My question: how do I handle the fact that they didn’t complete the Move-Out Checklist? Previously I’d told them (in writing) that the Landlord or Agent “will inspect the premises after the final day of the Lease and that a copy of the inspection report within one week.” Do I note on that form that tenants didn’t complete or sign the form?

This could become an issue when I follow up by documenting the cleaning, repairs, etc. that will be deducted from their security deposit. The tenant tried to toss a lawyer friend of his at me on move-out date, complaining I was being “unreasonable” and forcing him out of his home. I fully expect him to whine bitterly that I didn’t remind him to complete the checklist and that I didn’t tell him there were problems. (Note there’s no requirement to do so in AR that I’ve found).

Ideas? Suggestions?

Post: Lease language re erentpayment.com account

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132
Originally posted by @Kimberly H.:

@Susan H. After the new tenant tells us that they've switched it to their name, we call the utility to verify that it is in fact in their name. And if they decide not to pay their utilities after we move in, we have an upcharge in the lease if we need to pay them, and any rent payments they make to us go to other things first before rent such as utility payments before they are applied to rents. The last thing we need is more bills to pay and accounting to keep track of, so we charge extra for that for that reason and as a deterrent. We are also signed up for landlord programs with gas and electric, so the gas and electric companies notify us if a tenant cancels utilities and bills us in the interim, which was quite helpful when a tenant moved out a month early with no notice and left all the windows open...

 I have the landlord option with the water and gas company. Unfortunately the electric company doesn't offer that but they are good about answering questions.

Thanks for info about upcharge and language regarding how payments are applied. Definitely using this!

Originally posted by @Nick Brubaker:

Thanks @Jeff Gates.  So does that rule out having the lease signed through something like Docusign?   I guess you collect the move-in payments in person, by certified check?

 Nick, you might look at the comments I received to a similar post about using erentpayment: https://www.biggerpockets.com/forums/52/topics/336192-lease-language-re-erentpaymentcom-account?page=1#p2160844 Very helpful!

Post: Lease language re erentpayment.com account

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132
Originally posted by @Kimberly H.:

We also offer erentpayment.com. Now that we offer to cover the $3 fee on one payment per month, finally got tenants using it. First months and security by cashiers check or money order only. Like Alex, We make sure about utilities being in their name before handing over keys, order of what funds are applied to first, etc. We do offer multiple methods of accepting payment.

 Kimberly, thank you.

Question: How do you ensure utilities are in the tenants' name?  Here in my town I've simply notified the utilities that new tenants are moving in as of [date] and to switch the account from landlord to tenant. Is that process similar to yours?

Originally posted by @Nick Brubaker:

Hello all,

I setup an account with erentpayment.com today. It seems like a good service. However, my only issue is with the deposit to hold payments and the initial move-in payments. I would like to have tenants pay the deposit to hold, first month’s rent, and security deposit through erentpayment.com 1) because I would like to have the tenant set up with erentpayment straightaway and 2) because I’m hoping to do my lease signing electronically (not having to meet in person). The issue with this though is the delay in verifying the account and then confirming payment. I can stipulate that the keys will not be turned over until these first payments are received, but it could take up to 4 business days after signing the lease to actually receive the payment. Should I abandon this idea and have the first payment done in person by certified check?  Should I use a second service like Venmo for these initial payments (seems too complicated and there seem to be issues with Venmo http://time.com/money/4036511/venmo-more-check-than-cash/).  Should I turn over the keys after receiving notification of payment submission and before actually seeing the money in my account (seems risky)?

I’m curious what others who use services like erentpayment.com, cozy.co, etc. do for these initial payments.  

 I have the same questions, Nick. Following!

Post: Lease language re erentpayment.com account

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132
Originally posted by @Ricardo R.:

Susan, I too have gone over to online payments but with another service provider. Here is what our 'Rent' section looks like:

-----

Rent. As base rent during the Term, Tenant must pay Landlord, in advance and in FULL on or before the first day of each calendar month during the Term, the sum of Your Rental Amount Here ($0000.00). Payment must be made to Landlord, or his authorized agent, at the address first indicated above, or at such other place as Landlord may from time to time designate. Payments will be accepted online through Cozy, an online payment service, in which the Tenant must allow for recurring monthly rental payments and use as the primary rental payment method. Tenant may from time to time pay rent using direct deposit, check or money order, however a Ten Dollar ($10) fee will be charged for such payments methods which will be due at the time of payment. Partial payments will not be accepted. Any and all fines must be paid within ten (10) days of written notice from Landlord.

-----

I try to give them multiple options for payment just in case for some reason the rent collection service you go through isn't working or for some reason they do not have access to the internet. I know its pretty rare these day with smartphones and all but at least you remove any excuses for late or non-payment of rent. In any case I it completely up to you to accept cash but, understand that it carries a risk in not being able to be tracked, I personally stay away from receiving cash. 

I pretty sure you are aware but, I will mention it any way, you should also include a 'Late Fee and Returned Check Fee, Application of Payments' section in your lease specifically outlining what fees they will incur if rent is late, if there is a grace period, what happens when a check bounces and what order will funds be applied (our order is: $ is first applied to late fees, then to returned check charges, then to other amounts - excluding rent - then to rent due under the lease) - If you're going to report to credit or tenant agencies if they pay late then you need to have a separate clause in there for that too - and also if you charge a fee for having unauthorized pets or smoking the home.. you need to have those clauses in there as well. 

Lastly, ALWAYS, ALWAYS have the 1) the Security deposit, 2) the first month's rent (and any other fees your require) deposited prior to handing over the keys. You can collect those at the time of lease signing but you shouldn't if that is the same day you hand over the keys. We have them sign the contract before hand (online digital signature services are great for this) and they must also deposit the security deposit and first month's rent prior. Then we set a date usually withing 2-3 days to meet them at the property and hand over the keys and go over the property and anything they may have questions on. A big 3 is that you also need to make sure that the utilities (gas/electric) have been passed onto their name, don't just take their word for it, call the companies and verify... BEFORE you hand over the keys. Your lease should have a provision in it that states that if no keys are handed over within 10 days of the lease start date then the lease is void -- this protects you, of course however you would have to return all monies they have paid you up to that point. 

Hope this helps. 

Alex 

 Thank you, Alex!

Having an additional fee for a check seems like a good idea to me. And I appreciate the reminders about lease clauses--I did forget the one about smoking!

Post: Lease language re erentpayment.com account

Susan H.Posted
  • Investor/Landlord
  • NWA, AR
  • Posts 227
  • Votes 132

I'm editing my lease document to reflect my (planned) use of erentpayment.com for rent payments. (Mine is currently full of the old bank account info for direct deposit/mailing.) If you're collecting rent via erentpayment.com, would you please share the language you use in your lease agreement? Do you also include another payment option if they don't want to use erentpayment.com?

Also, do you require tenants to pay the first month's rent and security deposit to that account or do you collect at time of lease signing?

I'm grappling with the details, and appreciate all suggestions!