All Forum Posts by: Victor N.

I think you consult an experienced Florida real estate attorney. Ask: 1)if the buyer accepted the property condition in the closing documents and released you? 2) what is your legal exposure and possible damages as well as your chances of prevailing if you defend the claim? 3) most importantly, what will be the cost to you to defend and win? I think paying half or all of the repair may look cheap after that conversation.

One of the problems with plugging a light string into a 30 amp circuit is that the breaker is too big to protect the light strings and extension cords. Your light string will be the fuse in that circuit and melt or catch fire in an overload long before the breaker trips. Call an electrician to do it right and protect your home and family.

Hire an attorney in the location of the property. They will know local laws and possibly the management company's reputation with the courts. They will also be able to go to court the quickest and easiest, if necessary. Of course, start with a demand letter from the attorney if you can't work it out on your own.

Pay the $200 by charging it to the Security Deposit liability account and charge the remainder of the make ready to repairs and maintenance expense for that unit.

Correct me if I am wrong but 1031 isn't available to defer gain on a personal residence is it? @Dave Foster

They probably don't want to sell and give up future cash flow and appreciation. They may also have negative tax consequences like depreciation recapture and capital gains.

My strategy which I learned from my father is never to say no, simply respond with how much the rent will rise to make the requested "improvements." The vast majority of the time the tenant decides they don't want it that badly. For the others, I have a happy tenant and my ROI goes up with the improvement. Of course, I am not talking about maintenance items.

Talk to a local eviction lawyer. The prior owner may be able to amend the petition to substitute you as the plaintiff.

It is pretty routine in this area to arrange for utilities to transfer to the owner when they are shut off by the tenant, especially in the winter. If that is the standard of care in Detroit, the PM may have been negligent. Of course, the failure to collect rent or evict may be negligent or a breach of contract. You must read your contract.

All of those clauses can be included in a month to month agreement too.  Then a landlord can evict for violating the rental condition or give the appropriate notice to quit (usually 30 days).  All of the things you mention will require an eviction action if the tenant disagrees, putting the landlord in the position of convincing a judge that the lease term was sufficiently violated to warrant eviction.  I have never heard of a judge refusing to enforce a properly given 30 day notice to quit a month to month tenancy.  Of course, you are correct that landlords must know the applicable landlord tenant statutes.