TheLPA.com forum postings

Experience with Homeowners Associations?

Anonymous — Sun, 14 Mar 2010 15:36:19 -0400

Does anybody have experience or advice in fighting homeowners associations? I have a rental SFH in a nice development governed by a HA. In general, the rules & regs aren't too bad, but the majority of the owners are older retired folks with nothing to do except one-up each other as to maintenance, painting and landscaping. For example, if one repaints their shutters, they now believe that everyone else needs to paint their shutters as well, because this "keeps the values high" even though there is nothing wrong with the other houses' paint except for a little normal fading. But the notices start going out with "helpful" suggestions that everybody should repaint, and remainders that the HA R&R states that painting "should" be done every few years and veiled threats that the HA has authority to do it for you and bill you for it.

So far no overt actions yet, but with the spring coming up, I'd like to be prepared.

Any advice out there?

responsibality

Anonymous — Sun, 14 Mar 2010 15:01:05 -0400

I want to make the tenant sign he will be responsable for if he do damage the house.
Is ther a form for that?

is a $1.70 a sq ft carpeting installed a good dea?

Anonymous — Sun, 14 Mar 2010 14:00:22 -0400

I'm paying for a real cheap low cut office style carpeting with padding about a $1.70 a sq ft installed?

anybody else earning 4% a month on their rental?

Anonymous — Sun, 14 Mar 2010 13:45:28 -0400

got to love the cheap seats. lol

Last months rent

Anonymous — Sun, 14 Mar 2010 00:11:44 -0400

When we moved in we gave the landlord 1st, last and security deposit. I know for the security deposit we are owed that in 30 days, which is due back in 4 days and counting) but is that also the same for last month's rent that we are owed half back and this is in writing that the landlord signed off on. Is this also 30 days? Any help please?

security when one tenant moves out early

Anonymous — Sat, 13 Mar 2010 20:53:45 -0400

three folks rented one unit .....one of the three moved out early and the other two want to stay .......but the guy who moved out left alot of anchors and holes in the wall from shelves he put up and took out when he left.......about 100 worth of my labor to patch and paint......cheap......i told him he would have to get his half of the security from his ex roommates and not from me being the other two are staying in the apt.....for how long i don't know as they seem to be struggling being able to pay next months rent without their roomate ..and may leave by the end of next month....i don't feel i should have to pay the roommate that moved out security and he should get his share from the folks who want to stay in the apt??
what say you?

Security Deposit

Anonymous — Sat, 13 Mar 2010 14:58:46 -0400

I moved out of my apartment, now my landlord won't give me my deposit because of repairs I didn't make. Can I make hime let me come back in to make the repairs myself so I can save some money and get my deposit back?

Tenant holds keys ransom for deposit refund

Anonymous — Sat, 13 Mar 2010 13:47:08 -0400

Tenant gave very insufficient notice to move out and threatened if he doesn't get every dime of his security back, regardless of the condition he leaves it in, he will not relinquish the key.
Furthermore he will turn the house in for mold.
What? He says he did research on the house and said it was "condemned for mold" 10 years ago. I aked where he got that info, he refused to disclose his source. I said 10 years ago was just before I bought the house, and it was not vacant when I bought it, so how could it be "condemned?"

When I bought this house, it was filthy and full of ecudorians, and in need of a paint job and scrubbing, but I saw no mold.
Would you know where to access that kind of info on the internet?

Eviction Problem

Anonymous — Sat, 13 Mar 2010 12:51:28 -0400

I have a tenant that gave me 30 day notice to leave after the end of her lease but when the time came she decided to stay one more month with the amount of the security deposit. I told her that she can't & that I will do eviction process but she said to go ahead knowing that by the time I get a judgement it will take more than a month & so she wouls stay anyway until the end of the extra month & then leave.
What should I do?

visible household mold

Anonymous — Sat, 13 Mar 2010 11:26:22 -0400

Me,my 4 year old son, and my boyfriend moved into our rental August 2009. Since then, there is visible mold appearing in the ceiling of our bedroom. It looks like the landlord had painted over it to temporary hide it and now it seems to be getting worse every month. We were provided information about household mold, but if we would have known it was as bad as it is, we wouldn't have moved in. Is it our landlords responsibility to get the mold problem under control? I am worried about the effects it will have on my sons health. Should he have to get the roof inspected for a leak?

Tenat Repairs

Anonymous — Sat, 13 Mar 2010 10:47:00 -0400

Our previous tenant's lease expired on 2/28/10. She paid her last months rent and notified us of termination according to the lease agreement. Upon moveout inspection, on 2/28/10, which she was present for- we noticed a very large and deep scratch on the laminant flooring. She seemed very surprised about it and blamed it on the movers. We said we would get back to her with the cost of the repair. After obtaining estimates, the floor cannot be repaired and must be replaced at a cost of $4000, much more than her security deposit. I informally emailed her letting her know of the damage, and turns out, she did know about the damage before the post-inspection even though she acted surprised. It was not until after she moved out and after the lease terminated that she expressed interest in wanting to repair it herself. The lease does state that damage done to property should be "promptly repaired by tenant at tenants sole expense". I am not allowing her to make the repair at this point, because I have a new tenant already and do not want to disturb them. She is claiming I am not allowing her to make the repair per the lease agreement. My argument is that she did not show any initiative before she moved out, her lease is now over and we have new tenants, she owes us the remaining balance for the floor replacement estimate. Should the tenant have rights to make repairs AFTER the termination of lease? That doesn't make any sense to me.

Renter needs to get out of lease

Anonymous — Fri, 12 Mar 2010 19:36:31 -0400

I am a Landlord for a 4 bed house in a community with animal rights. We signed a lease with a nice older couple 6months ago, never missed a payment and the lady is having allergy problems with the animals in the neighborhood. They asked to get out of their lease and need to move as she has been sick most of the time. We are willing to work with them and told them that they can proceed to move out and they understand they need to pay rent until someone else is found. They are planning to be out at the end of the month and we have planned a trip to Disney the first week of April. We want to be the ones picking the new tenants for obvious reasons but how do we convey the importance of this to the current tenants... as their objective will be to find the 1st people that come along? She has asked for a copy of the application for them to make copies of so they can start showing the place and collecting applications while we are gone. We have always been the ones accessing people as they come to see the house and asking questions that will help us evaluate them before they even apply. That way we can tell if we are interested in THEM. Tenants always get the idea that the ball is in their court to choose but the truth is WE are the ones that are being choosy! Initially, I was ok with them showing the place and such but as I started thinking about this, I don't just want to run a credit check on someone and never even meet them!? I really don't have a problem with them showing the place but the question is... How do we handle this? What do I say without sounding like I'm being discriminating?

Former tenant suing for injury

Anonymous — Fri, 12 Mar 2010 17:11:57 -0400

We were in the process of evicting this tenant and 2 weeks before his official eviction he fell down a flight of stairs, put his hand through a door window and has placed a claim against our insurance to pay for medical bills, etc. He claims he tripped on the carpet trim strip because it was sticking up. He received a couple of stitches in his hand. He has 2 other such claims with other individuals. Our insurance company investigated and found no negligence on our part. The insurance company issued a letter to his attorney stating such. Now they are looking for medical payments related to this incident and for paid and suffering. Since we went through the court to get him evicted can I place a claim against for owed rent and negate his claim?

meth clean-up

Anonymous — Thu, 11 Mar 2010 23:34:37 -0400

I was reading a newspaper article about the clean-up of meth labs found in rental property and how difficult it can be to get the property back in to good renting shape afterwards. Apparently there aren't too many people that provide a cleaning service for owners. I would like to know if there is much demand for this type of service in this area. Any input?

Tenant has advised me they are breaking their leas

Anonymous — Thu, 11 Mar 2010 23:06:02 -0400

I let these people in trying to help them. No credit check, no background check. Very stupid.
Now they have advised me they want me to put them on a month to month because they are worried for they're childs safety and don't want to leave with having anything hanging over their heads. They told me before they paid the rent. I accepted the rent and told them I was trying to refinance and they agreed to stay on the lease until the refinace is done. So I could show a legal lease. Last night they informed me they are going North for a three day weekend to look at places. They feel they have paid this months rent and told me to keep the deposits, security and pet. What I want to know is since they have made they're intentions known can I not go ahead and evict them now?

Tankless Water Heater

Anonymous — Thu, 11 Mar 2010 23:05:23 -0400

What are the benefits of a tankless water heater?
Please advise of the financial and functional benefits if familiar with the tankless gas water heater. Thanks.

lease questions

Anonymous — Thu, 11 Mar 2010 21:31:19 -0400

I am thinking of changing jobs but dont know if I keep my house vacant andmake payments until it sells or leas eit out for a year until housing rebounds.

What is your experience with leasing, property managers? the house is in mid to upperscale neighborhood 4/2/3

any thoughts?

LOST LEASE / BACK NRENT?

Anonymous — Thu, 11 Mar 2010 17:22:03 -0400

RENTERS ABANDONED PROPERTY THEY OWE 4 MONTHS RENT. CAN I TAKE THEM TO SMALL CLAIMS COURT TO RETRIVE WHAT'S OWED? HAVE NO UNLAWFUL DETAINER/LOST LEASE!

Filed Dispossessory, can I advertise rental

normatibs — Thu, 11 Mar 2010 17:14:06 -0400

I have filed a Dispossessory which was served by Tacked and Mailed by the Sheriff...... Tenant has until the 18th to answer... His lease is up at the end of March.... Can I advertise the rental or must I wait for the judgement....

REntal Abandonment

Anonymous — Thu, 11 Mar 2010 15:40:04 -0400

I rented to this mom with 4 kids, she moved out with no notice, abandoning the house, trashing it, and failing to pay for anything. She was supose to be making payments on the deposite and water bill, stuck me with all of it. How do I take her to court for the month and a half rent, and all of the damages?

Finding tenant

Anonymous — Thu, 11 Mar 2010 14:06:05 -0400

I recently evicted a tenant. They had vacated but were still getting mail delivered. The mail is no longer coming, so I think they may have filed a change of address with the Post Office. Can I go there and find out what the new address is so that I can serve them with a judgement?

unstable tenants

Anonymous — Wed, 10 Mar 2010 22:51:45 -0400

This is probably a common problem, but we have new tenants who seem to have a hard time paying the rent. They have only been here 3 months and have 9 more months on the lease.

Part of the trick is that we think one of them is nuts. He had a business dealing with a friend of ours and
got un-necessarily angry and abusive. Also the house they are renting is right next door to ours.

So, should we offer to let them out of the lease early since it seems like they can't afford it? We don't mind
losing a bit of money but are a bit worried about angering them if they are going to be here for months more!

Thanks!

Tenant wants reduced rent

Anonymous — Wed, 10 Mar 2010 21:05:02 -0400

It is renewal time and my tenant wants me to bring the rent down $220. or he will not renew.

I can not afford a vacancy right now, but I feel I am being squeezed unfairly because of the economy.

I am willing to come down on the rent $100. but the tenant is playing hard ball and says $220. or nothing.

The rent is is already reasonable and has not gone up since they moved in 4 years ago.

Should I stand firm or am I being greedy?

LL Cleaning after tenant vacates can LL charge?

Anonymous — Wed, 10 Mar 2010 15:49:30 -0400

Often times tenants leave home with a messy floors, dirty appliances, carpets, repairs and lawn maintainance etc .....If LL does the cleaning/repairing can the tenant be charge? These charges will be minimum versus a paid professional. If yes how how would this be stated on the Settlement charges? Also, how would a reciept be written? Please reply my follow LL Thank you

Heir to lease / trailer with septic tank problems

hartpark — Wed, 10 Mar 2010 14:50:50 -0400

We lease lake lots only; tenants put pre-fabs, trailers on them. Our lease specifies that the septic tank and field lines are tenant's responsiblities (now thanks to LPA we have a sewage agreement!). A tenant who leased from us for 23 years died; she had her own septic tank and practically poured grease in it. In the last year she had it pumped out twice (but did not remove grease from outlet and field lines). Her granddaughter inherits the trailer; when we told her she also inherited the responsiblities in the lease she said she was going to sell the trailer to move off of the lot so she wouldn't have to fix the septic tank.Any ideas? Would especially like to hear from LL's who lease lots to people who own the mobile homes. Thanks!

Sell Rental House Vacant Or Occupied?

Anonymous — Wed, 10 Mar 2010 14:28:46 -0400

I need to sell my current rental SFH in the very near future. It will be vacant this weekend. Can you-all please provide some feedback on the pros and cons of selling an occupied property (6 month short term or MTM) versus a vacant property? I realize this would depend on many factors and that any new tenants would have to aware of a possible sale. I also realize we are coming to peak season for renting, and I understand, for selling. My "for sale" market is not depressed. Texas. Thanks.

Can I throw out his stuff

Anonymous — Wed, 10 Mar 2010 13:56:24 -0400

My renter moved out and left a couch he got from the dump and some blankets. When can I throw them out? He left during the eviction process. I doubt he will ever come back for them and I want them gone. They are disgusting.

Tricky Situation

Anonymous — Wed, 10 Mar 2010 12:25:29 -0400

I am a landlord in Albany, NY. I am in a tricky situation that I've never been in and I can't get any clear advice.

I am renting out an apartment to J. He is sub-renting the apartment to Sarah. She moved in on January 5th this year. J has been collecting the rent and giving it o me not problems. Sarah is not on any lease, and there a month to month agreement between me and J. Sarah has decided not to pay rent now (not to mention the ridiculous things that I have heard going on there by my neighbor). She has been there long enough to establish residence. How do I go about evicting her?

Lease problem

Anonymous — Wed, 10 Mar 2010 11:30:34 -0400

Hello all. I have a single family home manage by a propery management company. The lady that is renting it out now have a lease till June. She owed us 3 months rent starting from January till March. The property manager took her to court twice and won both times. He told me that they'll do a lock out sometime this month and take back the house. So what are my rights as an owner? Is the tenant still responsible for all of the rent until June as her contract stated? What about the security deposit? Do I get all of the security deposit? Can someone help me out?

vehicle violation and police called.....!

Anonymous — Wed, 10 Mar 2010 08:48:55 -0400

I own 5acres - renting the front two acres with my home and keep my horses on the back 3 with a barn this area is not rented. I had two men working on expanding my barn in the back. The workers my (brother in law and my husband) had a couple beers literally two each. My tennants called the police who just basically laughed and said he didn't see anything wrong! How uncomfortable they've made it. Not to mention these are the folks keep pestering me for new carpet that their dog destroyed! I'm not doing it.

My problem. They have an abandoned car that has been sitting all winter next to the barn on the grass which is the non-rented part. I've asked them to move it only to be ignored. It is stated in the lease specifically to park in gravel area only. I guess I need a violation of lease form. Any ideas? I want to tow this car if they don't move it!!! some people got all the nerve! Or should I just give them a non-renew at the end of the month? They are month to month lease and have been there 6months. I'm so tempted to do that, even though they do pay everymonth.

tenants already left

Anonymous — Wed, 10 Mar 2010 01:28:33 -0400

What good is a Security Settlement Statement after they are gone??
They did damage, but I don't even know where they are.

"Guaranteed" stream of tenants...

Anonymous — Tue, 09 Mar 2010 17:50:24 -0400

I got a phone call which must have been generated by my Craigslist ad. Guy was pitching a service which would cost me nothing and get my units filled continuously. He was offering to find "qualified" tenants, "pre-screened", and guaranteed -- if one broke a lease, he could find another immediately, with no down-time.

When I asked about whether they use their qualifications or mine, he didn't know. When I asked whether they screen for criminal and civil background, he didn't know.

When I asked about the SD, he said the tenant's don't put up an SD, but the service guarantees up to 1 month's rent toward damages, etc., if the LL gets a judgment. I explained to him that if a tenant disappears, a LL can't get service in order to get a $$ judgment for damages and that's why LLs hold the SD. I also told him that with an SD in hand, I could avoid having to go to court at all, since the SD would cover damages. I asked him if the "guarantee" would cover my court costs; he didn't know.

Has anyone else heard from this "nationwide" company?

LPA Newsletter my long lost friend!

Anonymous — Tue, 09 Mar 2010 16:35:05 -0400

I enjoyed your article, 10 Landlording Mistakes that Made Me Want to Kick Myself! in the 2/23 lpa newsletter.

http://www.thelpa.com/lpa/nl75d.html

Even though I signed up for the free newsletter, I found a bunch of your newsletters in my spam file.
I'm glad I found them.

If anyone else is not getting the newsletters you signed up for, check your spam or junk mail settings. Mark the lpa newsletter as SAFE on you safe senders list!

interest owed on security deposit

Anonymous — Tue, 09 Mar 2010 16:18:22 -0400

We own one single family home . I believe our state makes landlords return the security deposit with 3% interest. Does this apply to all landlords even if we only own 1 single family home?

Rent

Anonymous — Tue, 09 Mar 2010 14:12:22 -0400

Do a tenant have to give the landlord a thirty day notice before moving I had tenants that moved out gave us a one day notice was not on a lease but was making monthly paments do I owe them they deposit back or do they owe me the full months rent

% increase the rent

Anonymous — Tue, 09 Mar 2010 14:08:32 -0400

How many % should I increase the rent to renew a one lease in east bay CA?

Correct SD Reconciliation Date?

Anonymous — Tue, 09 Mar 2010 13:45:58 -0400

A quick question: In my state, Texas, I have 30 days to reconcile the security deposit with my tenant. My question is:
Does the 30 day period start from the day he vacates?

Or 30 days from the date of the end of the lease?

He has told me he is planning on vacating a few days before the end of the lease.

As a landlord how can I break a lease

Anonymous — Tue, 09 Mar 2010 12:19:59 -0400

I have a tenant that is under a lease until Nov 2010. Every month the tenant calls the property management company with a bogus maintenance issue. In December he called so say this his stove was not working...he owns the stove; January he called because he said he could smell gas in the house so he had the gas company to turn the gas off. I paid a heating and air company to check the system and they did not find a problem; February he called because his refrigerator was not cooling enough...he owns the refrigerator; yesterday he called because he says he needs a plumber to snake the drain because his washer is not draining properly. How can I get rid of him? PLEASE HELP!

Do I have a chance with eviction on record?

Anonymous — Tue, 09 Mar 2010 11:34:38 -0400

I got evicted in 2004. The eviction is reported on my credit report. I have since found an apartment been with this landlord for 5 yrs. I want to move again, but I'm hesitant about other home owners running my credit. Do you think I be able to get another apartment with my eviction on my credit report. Thanks, Unique

Security Deposit

Anonymous — Tue, 09 Mar 2010 06:51:53 -0400

Tenant broke his lease early and of course used ALL of his security deposit for rent at the end. He's out now and at this point owes me $600 in damages & two more months rent. I sent a security deposit settlement within 30 days stating he owes me. Sence HE used all his security deposit towards rent, do I still need to file in court within 45 days or can I wait till I re-rent then file for entire vacancy.

Going Legal

Anonymous — Mon, 08 Mar 2010 22:48:41 -0400

I know this is a bear of a subject, but my wife and I are looking at 2 unit houses in the Bronx and Queens, most of which have unfinished basements. If we can find one that is spacious, dry, and has some windows, what would we have in front of us to get it renovated into a LEGAL 3rd apt?

I've tried to find information for weeks, but it seems like a logistical nightmare! How do people get this done? Do you have any suggestions as to where to start? (websites, contractors, the Lord) Things to avoid?

Thanks in advance!

Landlord laugh of the day :-)

sstockman — Mon, 08 Mar 2010 22:02:21 -0400

I recently posted my apt. on CL with a very detailed description and some nice pics. I also include the LPA screening card to help pre-screen the applicants.This is one of the replies I received:

"no tenant in their right mind would rent from a demanding a$$ like you!
I hope your apt, sits empty till it rots ..have a nice day"

Needless to say, I was rolling on the floor laughing my butt off...... I couldn't resist a reply. I e-mailed back:

"spoken like a true renter".

I can bet she never spent $70K and a full year of her life renovating a two-family house.

Property improvements

Anonymous — Mon, 08 Mar 2010 20:28:08 -0400

If you ask your landlord to but a security door up because of your safety and the landlord says yes. Who is responsible for the payment of the door is it the tenant or the landlord? If you (the tenant is responsible) can you take your property down once you leave?

neighbor's car

Anonymous — Mon, 08 Mar 2010 19:21:12 -0400

My house is a single house and my tenant is complaining that the next door neighbor always parks the car in the front of my house. Will my tenant or me talk to the neighbor and ask them don't park the car in the front of my house?

Bills

Anonymous — Mon, 08 Mar 2010 17:23:07 -0400

I have renters that will not pay. The bills are in my name what can I do Help...........

can I get paid to refer you?

Anonymous — Mon, 08 Mar 2010 16:08:13 -0400

I know many landlords that would like your service and want to know whats in it for me if I refer them?
Thank you.

Move Out Check List Form?

Anonymous — Mon, 08 Mar 2010 14:59:39 -0400

Texas. Do the LPA forms contain a form that tenants can follow as a guide to use to vacate the premises? The closest I can find is the Key Receipt form. I envisioned a form that would possibly list the following:

Leave keys on xxx counter
Clean unit to the move in standard.
Remove furniture, trash and all belongings.
Close all window blinds.
Notify me when vacated
Etc.

Is there such an LPA form? Thanks!

3-day notices

Anonymous — Mon, 08 Mar 2010 13:13:00 -0400

Is there a certain amount of time you have to let your tenant be behind before you can issue a 3-day notice? It seems like other LL are giving them within a few days, if thats the case, I need to change my lease

Do I still go to court?

Anonymous — Mon, 08 Mar 2010 11:04:07 -0400

Tenant stayed past 30 day eviction. I filed summons for unlawful detainer. My court date is this Friday but my loser tenant left over the weekend. The carpet is destroyed. Urine soaked spots from his dog all over. I want to get the judgement for my back rent and the carpet, but since he is gone, will the judge ask me why I am there? I am not sure what I am supposed to do.

appliances

Anonymous — Mon, 08 Mar 2010 02:13:01 -0400

is it legal to rent a home without appliances.

I have a vacant house which the refrigerator was stole by the last tenant.
Can I rent it w/no refrigerator? Telling the ew tenant they have to bring their own or go halfys w/me?