Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
Followed Discussions Followed Categories Followed People Followed Locations
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Timothy Burns

Timothy Burns has started 9 posts and replied 57 times.

Post: Tenants Unpaid Utilities

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19
Quote from @Jonathon VanNuland:

On the Kansas side, the utility payments stay with the tenant, not the house. So you wouldnt have liability. I know MO side has more favorable tenant laws and may be different.

Have you communicated with the tenants yet to inquire about it?


 Not yet, as I have not decided on how to approach it. 

This is my first and currently only property, and I live in the other unit. 

Post: Tenants Unpaid Utilities

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19

Hello, what does it mean/what can and should I do if I receive in the mail a 'Landlord Copy' of utilities in the rears of one of my units? 

It doesn't say and I can't tell how long they've been ignoring paying this bill but it is getting into the $ hundreds. 

Yes, my lease has a clause that states tenant will and must pay all utilities in full. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19
Quote from @Lynn McGeein:
Quote from @Timothy Burns:
Quote from @Lynn McGeein:

Make sure going forward all leases have a clause about requirement to maintain minimum temperature even if absent -- mine is 58 degrees and has a initial block next to it so they can't say they weren't aware of the term. May not help much realistically but does make it a lease violation... How do you word it? 

Mine just says, Tenant agrees to maintain indoor temperature of unit at no less than 58 degrees during the entire period of outdoor cold weather, including during Tenant absences of any length. It also states no fuel-operated space heaters and that fireplace is never to be used as a heat source.


 As a result of all of this, I heavily modified my lease, and part of my app process is before you turn in an app I send you a blank copy of my lease to read and review and I add a question in the app that states that you agree that you have read and understand the lease. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19
Quote from @Lynn McGeein:

Make sure going forward all leases have a clause about requirement to maintain minimum temperature even if absent -- mine is 58 degrees and has a initial block next to it so they can't say they weren't aware of the term. May not help much realistically but does make it a lease violation. I knew an investor where his duplex tenant let pipes burst, and he did get a significant judgment for damages after several months but never got paid because tenant just left the state. I had property management once tell me they couldn't do anything because the tenant hadn't given notice yet and still had some property inside when they posted pay or quit, but the power company had told me the heat had been turned off when I called to check (apparently landlord utility revert doesn't work properly if tenant just doesn't pay).  I drove in from out of state, entered myself and had the heat turned on in my name as an emergency. It's not worth the damage it can cause, even if I got stuck with the heat bill until resolved. 


 How do you word it? 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19
Quote from @Lynn McGeein:

Make sure going forward all leases have a clause about requirement to maintain minimum temperature even if absent -- mine is 58 degrees and has a initial block next to it so they can't say they weren't aware of the term. May not help much realistically but does make it a lease violation. I knew an investor where his duplex tenant let pipes burst, and he did get a significant judgment for damages after several months but never got paid because tenant just left the state. I had property management once tell me they couldn't do anything because the tenant hadn't given notice yet and still had some property inside when they posted pay or quit, but the power company had told me the heat had been turned off when I called to check (apparently landlord utility revert doesn't work properly if tenant just doesn't pay).  I drove in from out of state, entered myself and had the heat turned on in my name as an emergency. It's not worth the damage it can cause, even if I got stuck with the heat bill until resolved. 


 Absolutely. 

I learned alot from this one and have heavily modified the lease. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19

@George Red little post update filed in a different court and that judge granted me the ex parte now just need to get her served. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19
Quote from @Dana Briscoe:

I didn't read every post but was a smart thermostat recommended? One that you, yourself can set and control at any time from your phone?


 and are they expensive? 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19
Quote from @Dana Briscoe:

I didn't read every post but was a smart thermostat recommended? One that you, yourself can set and control at any time from your phone?


 somebody mentioned a thermostat I could control but didn't say what kind. 

I don't currently have one of those, the one installed in the tenant's unit can't be reset by them once I install It? 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19
Quote from @George Red:

@Timothy Burns fingers crossed for you... sounds horrible. I'm in the middle of an eviction now and the tenant has not paid since July, when my agent goes by he's never there and his "girlfriend" and some local rif-raff seem to have pretty much taken over. Per legal advice we cannot just change locks and have to wait for eviction to proceed. I'm really hearing the echoes of everyone on the forums here talking about the importance of tenant selection (we inherited this tenant).

Fingers crossed for you, I can only imagine how stressful it must be.


 thanks and the same to you! 

some people are just good at putting up a good front in the begginning and I thought I thoroughly vetted this tenant but she has definitely provided me with a learning experience! 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Posted
  • Investor
  • Posts 58
  • Votes 19

@Colleen F. have already talked to lawyer, he said we can't get a court date until jan. 29th, lease ends the 31st. 

he said to immediately file unlawful detainer on feb 1st if she's not gone. 


and NO, all of that wasn't enough.  what ********. 

1 2 3 4 5 6