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All Forum Posts by: Tony Kim

Tony Kim has started 12 posts and replied 831 times.

Post: Raising rents on Section 8 Month-to-Month tenants

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Kai George:

Hey BP Fam! I'm considering placing an offer on a triplex in south Los Angeles as a house hack. Two of the potentially inherited tenants are section 8 and paying month to month!  Both units are renting about $400 -$500 below market rents and my goal is to raise the rents to market value after I move in. How would you approach this? Is there anything I should keep in mind? My plan after closing is to give a 30 day notice to tenants, and submit a rent increase form to the county to see about raising rents. Does this process sound correct? How likely do you think the county is to accept this request? The house will need some repairs, and I doubt I'll have the funds to renovate all at once, so keeping some income coming while doing smaller upgrades would be ideal! 

Also, I've been doing research on LA specific laws, but things are confusing with the Statewide rent control, and now the Covid-19 renters protection laws, plus nothing I'm finding is specific to section 8--Any insight regarding how the new laws might affect the plan I mentioned above? Thanks!


$400 to $500 below market is actually not that bad. HACLA payment standards have been going up so fast, that even with annual increases, we generally cannot keep up with the max payment standard. I seriously can't believe I'll be renting my most recent 1 bedroom in one of the poorest areas of LA for $1,926. 

Implementing a rent increase for a Section 8 property is actually extremely easy, and for your reference, assuming your property falls under RSO, you will be able to increase rent by 8.6% this year. All you need to do is submit a rent increase request via the owner's portal. COVID restrictions on rent increases are no longer in effect. Quite frankly, the part where you will be submitting forms as the new owner will be the most tedious part.

Also, rent control in LA is not as complex as people are making it out to be. If your triplex was built before 1978 and you are in the city of LA, you will most likely be subject to the city's RSO program. That's really all you need to focus on. 

Post: Where does cash flow come from?

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Mike Dymski:

Tough crowd. The OP is just suggesting that, absent creative funding, we need money to make money...and suggesting the approximate amount of it. It's not unreasonable and obviously does not account for all the nuances available in REI.

Agreed. We can play the semantics game all we want, but you can't get away from the fact that pretty much everything will produce cash-flow if you put enough money down. There is no secret sauce.... obviously everything is dependent on finding the right deal where you can put very little money down and still be swimming in monthly incoming cash. But these types of deals aren't exactly growing on trees these days.  Even examples from 1 or 2 years ago would legit, not apply to today's market. 

Post: Would you accept these applicant couple?

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @David P.:
Quote from @Nathan Gesner:

You have to be careful - particularly in California - because this is walking a fine line of a Fair Housing Discrimination complaint. She may claim you're denying her because she's a single mom, not because of the boyfriend's credit.

I would probably rent to them. Their combined income is well above what you require. Her credit is good and she was able to earn her MD. If this were a married couple, then you would probably rent to them. If she wants to break the lease early, he will have to go with her.


 I was mainly worried that she has a baby on the way and will there be income while she is on maternity leave. She didn't look pregnant so I'm guessing early stage still. I'm thinking I could meet him in person since he wasn't there yesterday and then go with my gut instinct. He has 0 landlord referrals and still lives at home with family.


In California, people still earn up to 70% of their salary during maternity leave, so I don't think that will be much of an issue. I would definitely meet the person though as I would never rent to anyone that I didn't meet and have a brief conversation with for at least a little bit of time. He may very well turn out to be her beast of burden, but I think given the fact that he does actually hold a job and they will be Jointly responsible for the lease, I think you are OK....assuming the guy seems normal when you meet him.

Post: Seller wont release EMD and is threatening to sue me

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Shane Pico:

 im not sure honestly. I definitely had no contact or discussion with seller. I called the escrow company and asked for my money back and they said they still need some documents sent over?

OK, that's good to hear. Typically the escrow company needs consent from both parties before sending out any funds, even if it's a return of EMD. I'll bet the buyers reneged on signing the form pertaining to the return of funds.

In California, the standard form contains language that these types of disputes will go to a mediator instead of court. So typically, consulting an attorney for these types of situations is not needed, but at the same time it also sounds like your agent might be too green to do his/her part should this situation go to mediation. Your agent has to effectively present the steps you guys took along with the timeline...and clearly show that you took the proper steps to cancel escrow before the contingency period ended. BTW, you're under no obligation to accept seller financing. The sellers seem to be acting in a very predatory manner.  I sure do hope you get your money back...keep us posted!

Post: Seller wont release EMD and is threatening to sue me

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Shane Pico:

Hello all and thank you for any help!

I attempted to buy my first STR and it hasn't gone perfectly... But at least I've learned a lot so far! I am now at a place where it feels like I need a lawyer or at least some legal advice. Here's the run down:

Price: $550,000 - I signed an appraisal waiver - 1st appraisal: $425,000 - 2nd appraisal: $475,000 - my lender wrote a decline letter stating they wouldn't fund the loan (part of the loan required I had a certain amount of reserves in the bank and if a covered the difference I wouldn't have enough which is why they wouldn't fund)  - I sent over the decline letter and signed the cancelation of escrow and release of funds letter - a week later the seller offered to carry the loan with very poor terms - the seller is now trying to keep my emd ($16,500) - they are also threatening to sue me for incurred losses if I don't give it to them - they are claiming that because they offered to carry the loan, that I backed out of the purchase in bad faith and had no intent in purchasing. The simple truth is that the lender refused to fund the loan and I did not sign a loan contingency waiver. I even offered to give them $1,500 as a peace offering to get this wrapped up quicker. Yet here I am! lol

These are just the basics to the whole dilemma, I believe they have no legal right to any of my money, but before i go down this road I would love to have any bit of advice this community has to offer. I am still pretty new to this world so this can potentially be a huge set back for me if I don't handle it properly.


Thank you for everything BiggerPockets Fam!


Why did a week pass between submission of the release of funds letter and then the seller offering to carry the loan? It should not have taken that long... Did anything happen in that period that would cause the escrow company to delay returning funds to you? I hope you didn't have some kind of ongoing discussion with the seller on alternative methods of financing the loan.... 

Post: How to Add Refinance Costs to a Property's Cost Basis

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Michael Plaks:

Loan costs are not depreciated over 27.5 years, they are amortized over the life of the loan.


 I agree, and thanks for the correction Michael. It should have been 30 years for the refi costs. 

Post: How to Add Refinance Costs to a Property's Cost Basis

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Greg Scott:
Quote from @Tony Kim:
Quote from @Michael Myers:

@Greg Scott thanks! So sounds like my first intuition of making a new asset then depreciating was correct? From Brandon's article it seems like he's under the impression that certain things like title charges (settlement fees, title insurance, etc.) and government recording and transfer charges get added to the property cost basis and depreciated over the life of the property as opposed to amortized over the life of the loan; is that not the case in your experience?


That's correct. So you'd basically have two depreciation schedules going on.  One for when you initially purchased the property, and the second for when you did your refinance. Each instance would have their own 27.5 year amort schedule. Below is a screenshot from the schedule I created for one of my properties. where I remodeled and refi'd in 2019, and another remodel in 2021.

Tony's table was not done correctly.  @Michael Plaks has the answer I agree with; it is the life of the loan.  So, if you have a 30 year loan, you amortize over 30 years.  If the loan is a 5 year balloon, you amortize over 5 years. 

Amortization is NOT the same thing as Depreciation.  Combining them does not comply with GAAP. (Generally Accepted Accounting Principles)

Agree, it should have been over 30 years (no wonder TT was calculating a slightly different amount, lol). 

Depreciation can be considered a 'form' of amortization. They are not one and the same obviously, but amortization occurs for things like the question the OP posted. I'm not exactly sure how one would "combine amortization and depreciation" because that makes no sense to me at all. What DOES comply with GAAP is adding eligible refinance costs to the total basis of your property and aggregating the annual depreciation of those capitalized refinance costs as well as all costs associated with the original purchase of the property and then COMBINING them together to get your annual cash-less depreciation expense. Even though one schedule is on a 27.5 year schedule and the other is on a 30 year schedule, they are still aggregated together. Are you saying that's not GAAP?

Post: How to Add Refinance Costs to a Property's Cost Basis

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Michael Myers:

@Greg Scott thanks! So sounds like my first intuition of making a new asset then depreciating was correct? From Brandon's article it seems like he's under the impression that certain things like title charges (settlement fees, title insurance, etc.) and government recording and transfer charges get added to the property cost basis and depreciated over the life of the property as opposed to amortized over the life of the loan; is that not the case in your experience?


That's correct. So you'd basically have two depreciation schedules going on.  One for when you initially purchased the property, and the second for when you did your refinance. Each instance would have their own 27.5 year amort schedule. Below is a screenshot from the schedule I created for one of my properties. where I remodeled and refi'd in 2019, and another remodel in 2021.

Post: Cash vs loan, what is most efficient for faster growth

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Patrick P.:

I am soon going to receive a decently large cash sum (~3 Mil USD) from a company buy-out in a tech company. There are a lot of ways in my head that I have thought about investing this in real-estate. 

Is it more efficient to buy the houses in cash, and then use that rental income to take out additional mortgage, or would it make more sense to pay 15-20%, may a mortgage, but then buy more asset. 

One thing to note, is I carry a mortgage on my primary residence of $248,000, but have a stupid low rate on it (1.875% ARM 7/1 that is only in year 1) and I just closed on a flip/remodel that I will have a $325,000 mortgage on that I intend to flip within 4 months.

I am very new to this, so any tips/tricks on Tax assistance, and how to assess what a property would rent for, would be of great assistance.

Leverage will magnify whatever direction you are going.....whether that is building up and growing or if that is bleeding money and losing properties. As such, arm yourself with as much knowledge as you can, not only from BP but also from other sites. You've gone beyond being an accredited investor. You're now a qualified client and there are investment forums out there where folks like you discuss deals. Spend at least 6 months learning as much as you can before pulling the trigger on any deal...regardless of whether or not that is a private syndication or direct ownership.

Post: Converting a 2 Car Garage into a Rental

Tony KimPosted
  • Rental Property Investor
  • Los Angeles
  • Posts 843
  • Votes 1,015
Quote from @Rick Albert:

As someone with an ADU (I lived in it for two years and now rent it out):

1. Does converting a garage add value to the home?

Typically it does, especially if it is permitted. Look for sales of properties with ADUs and that will give you your answer. There is a market for either multigenerational living, house hacking, or luxury living (someone who wants to brag they have a guest house). With that said, it depends on your market. We sold a luxury home where the garage was converted to a studio and buyers wanted it converted back to a garage. Their thought was "if I'm paying $4M for a house, I want a garage." Also keep in mind that appraisers haven't been giving dollar for dollar value (at least in my Los Angeles market). 


The last sentence above is spot on. In most markets, the property's increase in value (both appraised and actual market) will fall well short of the costs associated with adding an ADU. So this would be purely a move focused on increasing your monthly rental income, but would temporarily set you back from an equity perspective. However, this isn't the case for all markets. I would research how things play out in your area. In some markets, ADU's actually do add value at a premium to what they cost.

I was personally willing to eat the negative equity associated with adding an ADU to my So Cal home, but the thing that stopped me was the prospect of having a tenant live on the same property. It just wasn't for me.