HOMESTEADING

Babbaloo · 04-17-2006, 09:08 AM

I do a lot of work in real estate investment. This includes such things as buying, selling, leasing, and managing commercial property.

Other related issues include:

TIC's (Tenancies-in-Common)
1031 (tax-deferred exchanges under section 1031 of the Infernal Revenue Code)
Syndicates
Condo conversions
Common Interest Developments (Homeowners Associations)

Every now and again, I provide a tidbit of info on this subject, but if anyone has a question, throw it down and lets take a look

wIggy · 04-20-2006, 05:01 PM

I rented an apartment under the agreement that ALL utilities were going to be included in the rent. The property manager called me about 2 months later and told me they had made a mistake, and I was responsible for electric (only about 20 bucks a month) and I was hoping that if I was easy to work with they would do a favor for me, so I agreed. I know it's a bit late, but I was curious, if I had rejected, could I have been in violation of any lease and evicted, or could I have just told them to piss up a rope?

Babbaloo · 04-20-2006, 05:07 PM

Piss up a rope would have been appropriate. A lease is nothing more than a written contract. They can't unilaterally change the terms of the contract on you. If you would have refused, they would not have been able to evict you because you would not have been in breach of the contract. Now practically speaking, landlord's like easy going, low maintenance tenants. Being easy going may get you concessions later on, so don't forget to mention it every now and then. For instance, if you want to change a term of the lease you could say: "hey landlord, can you change the lease extending it an extra 3 months at the same rate. I like it here, besides it will give you the chance to modify the lease when you decided that I had to pay for utilities. I like precision is all."

wIggy · 04-20-2006, 05:14 PM

This same property has a fireplace, it was a selling point in the rental description, and when I asked what I should use to fuel it (pellets, wood, gasoline?) I was told the fireplace didn't work and they owners won't fix it because their insurance wouldn't allow the fireplace, or something to that extent. Once again, I'm sure there's nothing I can do about it now, but my lease will be up soon, and I want to get out of this property, but don't want to get taken advantage of again (this place has been a nightmare, the property management company is very very irresponsible in my opinion as you can see, since these 2 posts are only what irritated me most about this place). Was there any violation there? You may find these questions kind of petty, but these are questions that have been on my mind since they've happened.

Babbaloo · 04-20-2006, 08:47 PM

There are no petty issues just petty lawyers. First off, what's your deposit like? From what it sounds like, they will probably fake a lot of cleaning and repair expenses and eat up your deposit. Assuming you can get out in one piece, you're next step may be to think about a small claims action against them for breach of contract and misrepresentation. The problem here is that they are nickling and diming you so it becomes not worth it to fight about it. So if you want to be a prick about it, don't pay your last months rent, assume your deposit will be gone and let them try and evict you when you're moving out in less than 3 weeks. That's how you nickle and dime them back

**Noodles** · 06-28-2006, 08:49 PM

Just playing devil's advocate here and I know each state is different.

If Wiggy were to do that with the last month's rent couldn't the management company still file a claim against him and get judgement that could adversly affect his future credit profile? I know that could happen here in WI.

Babbaloo · 06-29-2006, 08:59 AM

Quoting: Noodles

Just playing devil's advocate here and I know each state is different.

If Wiggy were to do that with the last month's rent couldn't the management company still file a claim against him and get judgement that could adversly affect his future credit profile? I know that could happen here in WI.

Excellent point, Noodles. I'm not saying dissappear but one of the advantages you want to have in any litigation scenario is not to have to be the plaintiff. You know the saying 'possession is 9/10ths of the law'? Part of it has to do with the practical problem of having to file suit to get something back. That's why landlord's require deposits so that they don't have to go through the hassle and expense of suing a tenant when he doesn't pay his bills. Its just easier to keep the deposit. If the tenant thinks that's unfair, then he has to sue the landlord to get his deposit back. So whoever possesses the deposit doesn't have to sue and practically speaking, it becomes to costly for the person out of possession to try and get it back.

Now, like I said. Don't dissappear. In this situation, Wiggy has a legitimate claim against the landlord but it is not worth his money to fight about it. And the fact that he has a legitimate claim will probably keep the landlord from suing. However, if the landlord decides to sue, Wiggy needs to defend himself and bring a counterclaim. A tenant with a legitimate gripe tends to fair pretty well when he is getting sued by a stingy landlord. So if the management company takes any steps to either sue or refer him to a collection agent then Wiggy should either 1) defend himself vigorously if sued or 2) file a claim against the landlord to stop the collection efforts. I just don't think it will have to come to that.

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**Noodles** · 06-29-2006, 12:08 PM

I agree that at the point of being sued Wiggy would have to file a counter claim. Also here the courts a very tenant friendly in disputes because most people know that a large percentage are landlords are pond scum.