I'm In A Pickle - Rental Property Related

[TK Doom]

What is it that a property manager will do for 8-10% of the rent?

I ask this because I deal with property management companies on a daily basis with my HVAC business and it costs much more than 10% on small rental properties.

They do everything from cleaning the common areas, maintenance, repairs, rental, legal etc.

Up here it costs 8% to get a rental agent to find you a tenant with a credit and a rental background check.

I have a rental house and a 4 unit apartment.

I use a manager for the house and myself for the 4 unit, only because the house came second. Once I get settled with affording a new son, i'll be switching the 4 unit over. Only because CA law sucks so bad. Not for any other real reason, my time will matter much more as he grows older.

 

[Euphoric One]

OP - do what's right by you to the best of your ability to stay in alignment with the interests of your conscience and pocket book. A lot of heartless, but technically true, replies in here. If you can swing helping them out, do it, but don't make any assumptions until you have more information. The recently deceased may have had a large life insurance policy or some form of transferable death benefits, so who knows...they may be able to continue paying the rent as agreed upon.

 

[Outlaw99]

 

[venom_inc]

Document everything and bring her to judge Judy.

 

[MG0h3]

Haha!!

Unfortunately a pysch degree would be much more useful when dealing with renters.

 

[TorchMach]

UPDATE:

I visited the tenant at the beginning of March to have a new month to month lease signed and collect the rent. I went prepared for whatever scenario. She signed the contract and just gave me the rent.

What I've learned is, be prepared but don't over think it. I was prepared not to cut her any slack as I didn't want the other tenants to think I'm soft. (even though I wanted to)

Thanks for the suggestions guys.

 

[04YellowGT]

Glad to hear it worked out for you.

 

[MG0h3]

nice job man.

I have a renter who is habitually late. A bonehead real estate agent got a signed purchase contract from this guy who has now backed away from buying it. Right now Im in the "late rent is better than no rent" mode. Ive found that enforcing the late fee usually doesn't work out good. Whenever Ive had a renter like this, I just deal with it if they are keeping the house clean and I just add up all the late fees and take it out of the security deposit.

 

[TK Doom]

I just add up all the late fees and take it out of the security deposit.

What state allow that? Thats illegal in California.

 

[RDJ]

What state allow that? Thats illegal in California.

got a link to the law or regulation in CA?

 

[Stanger00]

For future reference. A coworker has a renter who stopped playing rent and when he started the eviction process the tenant filed bankruptcy and nulled the eviction process. Now, he has to hire another attorney to have his eviction lifted from the bankruptcy and proceed with the eviction process. I don't know how much of this is true but he said there are 4 people on the lease and each of the 4 could file bankruptcy and push out the eviction and he can't collect rent from that property for a long time as he wants for the legal system to work itself out.

 

[MG0h3]

What state allow that? Thats illegal in California.

WGAF

What is the late renter going to do? Take me to court and say.."ya, I was late every month and didn't pay the late fees that are in the contract that I signed...."

 

[MG0h3]

For future reference. A coworker has a renter who stopped playing rent and when he started the eviction process the tenant filed bankruptcy and nulled the eviction process. Now, he has to hire another attorney to have his eviction lifted from the bankruptcy and proceed with the eviction process. I don't know how much of this is true but he said there are 4 people on the lease and each of the 4 could file bankruptcy and push out the eviction and he can't collect rent from that property for a long time as he wants for the legal system to work itself out.

I think if I ever dealt with this once, I would quit being a landlord.

I don't know, if I have a bad feeling (which I told the real estate agent I did about this guy) I don't rent to them. I could see renting to multiple people being a problem.

 

[TK Doom]

got a link to the law or regulation in CA?

Its in the book "CA Landlords Lawbook: Rights and Responsibilities".

Page 87: Deposit can be used for only these 4 things:

1) remedy defaults in payment of rent
2) - 4) blah blah (wear and tear, damage, etc etc)

None of them allow you to add on a late fee, but only recover rent.

Its a great book.

 

[TK Doom]

WGAF

What is the late renter going to do? Take me to court and say.."ya, I was late every month and didn't pay the late fees that are in the contract that I signed...."

Well, in CA it won't matter.

If it bothered you that much, you should have gave him a 3 day notice, burden of loss has to be proven, that is why late fees are a dumb way to get more money.

You should be using your energy to get responsible tenants that pay on time for the maximum amount, versus nickle and diming existing tenants.

 

[MG0h3]

Maybe you missed where I said I'm in "late rent is better than no rent" mode. Plus I didn't find him, the real estate agent offered a temp lease while the loan was closing...didn't work out...etc.

So what, you would boot him, have an empty house no rent? My way is better. If they keep paying late while you are working on finding a buyer/renter great. The late fees are a bonus. Thats why I take them at the end. Ive never had any luck enforcing them while the tenant is still renting.

 

[TK Doom]

So what, you would boot him, have an empty house no rent? My way is better. If they keep paying late while you are working on finding a buyer/renter great. The late fees are a bonus. Thats why I take them at the end. Ive never had any luck enforcing them while the tenant is still renting.

Maybe you missed the part where I said thats illegal in CA. That's all. Late fees ARE a bonus, but you can't "take them at the end", again...in California.

 

[cobralvr01]

Or maybe wait for them to get back to you and see what she has to say and then offer the 1 month rent? She is probably going to be a wreck for awhile trying to get things in order, I would probably wait to hear from her first.

I would go this route. She's going to have so many things going on it will be very difficult to have her set a schedule or time limit on your needs. Sucks, you're in it for the money, but she has a life to continue without her husband. I would continue with the 1 month free and give her the month to figure out how to proceed and grieve. If for some reason she won't be able to pay for rent, consult a lawyer to make sure you follow ALL California rental laws and get everything in writing. Also, lending some assistance as far as finding another place to live and helping her move may give you some points. This is only if you know for a fact she will not be able to make rent every month. Situations like this would leave a bad taste in a judge's mouth and they wouldn't look at you kindly.

 

[RDJ]

two points ...

1. I would like to congratulate you on actually reading the entire thread before responding. If more people would do that we wouldn't have all these solutions put up AFTER THE DAMN PROBLEM IS SOLVED .. oh wait ....

2. the judge HAS to rule according to law, not on what may "leave a bad taste in his mouth" I would LOVE to see your case law on this.

I would go this route. She's going to have so many things going on it will be very difficult to have her set a schedule or time limit on your needs. Sucks, you're in it for the money, but she has a life to continue without her husband. I would continue with the 1 month free and give her the month to figure out how to proceed and grieve. If for some reason she won't be able to pay for rent, consult a lawyer to make sure you follow ALL California rental laws and get everything in writing. Also, lending some assistance as far as finding another place to live and helping her move may give you some points. This is only if you know for a fact she will not be able to make rent every month. Situations like this would leave a bad taste in a judge's mouth and they wouldn't look at you kindly.

 

[cobralvr01]

two points ...

1. I would like to congratulate you on actually reading the entire thread before responding. If more people would do that we wouldn't have all these solutions put up AFTER THE DAMN PROBLEM IS SOLVED .. oh wait ....

2. the judge HAS to rule according to law, not on what may "leave a bad taste in his mouth" I would LOVE to see your case law on this.

It's eviction court, not civil court. They are two completely different systems. The judge doesn't always have to follow the law exact believe it or not. Most of the time a judge in eviciton court, at least here in Arizona, is "Justice of the Peace" not "Judge". I know because I was just in a legal battle with my ex landlord for 7 months with 4 trials in the courtroom. I kept bringing proof that he was illegally renting and he had no right to any rent. The judge overlooked it and decided it was dismissed because he owed me for a semi damaged couch...NOT because it was illegal.