loans's Blog

Category Real Estate

December 06, 2008
One of the biggest issues real estate investors face with rental income property concerns tenants. Naturally, you always hope you can fill your apartment or other investment property with good tenants that pay the rent on time and act in an orderly fashion, but this is not always the case. Unfortunately, there are times when you must evict the tenant.

Before we consider what most states regard as legal evictions, however, let's consider a list of unit conditions that may be considered the tenant's responsibility.

Tenant Responsibility

1. Tenants are required to keep their unit clean and safe. A tenant should be expected to have some cleaning capabilities such as keeping kitchens and bathrooms cleaned, and removing all garbage they generate to the appropriate receptacles or designated location for city pickup. The idea is to make the tenant responsible to maintain clean living conditions in and around his or her rental property unit both, for cleanliness sake and to prevent infestations.

2. Tenants must use fixtures and appliances in the unit properly. Tenants should not abuse fixtures and appliances in the rental unit, should exercise reasonable care not to overload electrical outlets, and should not flush large objects down the toilet.

3. Tenants are responsible to fix or pay for damage they cause. As the controlling factor living in the rental unit, if the tenant creates a situation that affects the habitability of the rental unit, he or she can be held responsible. If a tenant puts a hole in a wall, severely stains the carpets, or breaks fixtures and appliances, for instance, he or she must arrange to either fix or pay to repair the damages.

It's not a long list, granted, and you can certainly list more detailed tenant responsibilities in your lease or rental agreement. Understand, however, that an effort to hold a tenant responsible doesn't mean that it will hold up in court. As a rental property owner it's always best to become familiar with legislation in your area and understand what responsibilities you can and cannot shift to tenants.

Okay, now let's look at three types of evictions recognized by most state laws.

Legal Causes for Eviction

1. Nonpayment of Rent: Nonpayment, one of the most common types of eviction procedure, is when a landlord attempts to evict a tenant for not paying the rent. A lease or rental agreement will state the due date for rent payment, and some state laws extend the due date for a tenant to pay the rent by a certain amount of days referred to as the prescribed grace period. If the rent is paid in full within the legal grace period of these states, an eviction for nonpayment cannot be started; a landlord is required to wait until the legal grace period has lapsed before starting an eviction. For instance, if the due date is on the first day of the month and the legal grace period is 10 days, the rent will not be due until eleventh day of the month and you cannot start the eviction until the twelfth of that month. In a nonpayment eviction, however, the rental owner should be aware that the tenant might try to show that the rental unit was sub par as a defense for not paying rent.

2. Lapse of Time: Lapse-of-time evictions are when a landlord evicts the tenant because that tenant's lease or rental agreement has expired. A lapse-of-time eviction can be done when a lease is in its final month, and is the type of eviction procedure commonly used by landlords who give month-to-month tenancies most commonly use this type of eviction procedure. A lapse-of-time eviction can be done without giving any other reason than the owner wants his or her unit back; the contract is terminated because of its expiration only. So it doesn't matter what condition the tenant claims the unit is in because the condition has no relevance to the expiration of the agreement.

3. Nuisance: As long as the agreement includes a nuisance clause, landlords have a right to evict tenants if the tenant has become a nuisance to the property. A nuisance could be a tenant who throws loud parties or who constantly disturbs the neighbors, resulting in police visits to the property. In this case, tenants have a right to use and occupy a rental unit in any way they want as long as it does not infringe on the quiet enjoyment of other tenants in the building or violate federal, state, and local laws.

Real estate investors should bear in mind that when it comes to rental property ownership, most legislation holds the property owner responsible, not the tenant. The property owner is always the bottom line regarding problems that arise at the property.

Again, it's highly recommended, that as an income property owner, you familiarize yourself with legislation in your area so you thoroughly understand what responsibilities you can and cannot shift to tenants. You can't afford to fill your rental income property with bad tenants, but at the same time, you don't want to get into trouble with the law either.
sb
December 05, 2008

The Cooling U.S. Real Estate Market Gives Savvy Investors an Edge

Despite the 5 percent drop in new home sales and the slowing pace of home re-sales, which were down 2.8 percent in January, savvy private investors continue to reap hefty real estate profits. In fact, companies that utilize private lenders, like Premier Real Estate Solutions, LLC (www.RealEstateMadeEasy.net), aren't even breaking a sweat. Indeed, company founder Neb Essayas says that the market slowdown in major cities represents "the most exciting time for our business."

Premier Real Estate Solutions buys properties in northern Virginia, central Maryland, and the District of Columbia at 25 to 50 percent below market value. The company then renovates the homes and re-sells them at market value. "There's talk about the real estate bubble bursting," says Essayas, "but what's happening is that sellers aren't making windfall profits anymore. The housing market has been so hot over the past five years that so-called investors could afford to pay market value, watch the property appreciate, and sell at a profit."

In contrast, Premier Real Estate Solutions makes its profit going into the deal - through buying the right properties at the right prices. "As a rule of thumb, we do all of our numbers right and build in our profit margin before purchasing the property," says Essayas. "We only buy two types of properties: those where we can quickly create equity through renovations and those where we buy equity from motivated sellers who need a quick sale."

Now that the real estate market isn't so forgiving, Essayas says that buying the right properties at the right prices is key. "The numbers have to be right, not only to ensure that our company makes a profit, but to secure our private investors' loans."

Those numbers are providing hot returns on investments, regardless of the price range of the home. For example, Premier Real Estate Solutions purchased a home for $405,000, spent $1,000 in upgrades, and sold the home for $599,000. Similarly, Essayas put $32,000 of renovations into a home purchased for $229,000 and sold it for $390,000. "Recently, within a three and a half week period, we bought a home for $77,000, spent $12,000 fixing it up, and found a buyer willing to pay $170,000," he says.

Using private investments to purchase and renovate homes gives Premier Real Estate an advantage over developers using institutional lenders, in that the company can move nimbly when it finds a bargain. "The private capital we've been using has allowed us to close on these properties in as little as three days," says Essayas.

As for investors, they appreciate being able to earn a better return through Premier Real Estate than they can with traditional investments. According to Harry Roupas, who has made significant investments in Premier Real Estate Solutions properties over the past three years, "The excellent returns I have seen on my investments demonstrates to me that Premier's business model is sound. Buying properties below market value, renovating them, and selling them at a profit is the right approach for today's real estate market, but you need a Premier Real Estate to make it all work just right."

And Premier Real Estate is hard at work, planning to purchase between 50 and 60 properties in the Washington, D.C. Metro area this year, and looking to a future in larger development projects, such as condominiums and hotels.

While Essayas anticipates that the market's cooling trend will result in a longer turnaround time for sales, he emphasizes that "we factor higher carrying costs into our equation before making an offer to purchase a property."

He concludes, "Because we never pay market value for a property to begin with, we can continue to take advantage of the current real estate market to secure properties at prices well below market level, renovate them, and sell them at a profit."
 

sb
December 05, 2008
What is it about St. George Utah that has attracted a growth rate of 39.8 percent in the last 5 years? Could it be the spectacular views of the red rock bluffs, foothills, black lava rock, and streams that encase the St. George Valley? The secret that draws people to this area is diversity.

There are several smaller towns adjacent to St. George. The city of Washington still enjoys the coveted small town atmosphere, historical beauty of buildings indicating ages gone by. You can find the charm of corner stores, mercantile shops, and grassy fields. Other areas of the valley include the quaint towns of Hurricane, LaVerkin, Santa Clara and Ivins; each with their unique sophistications, and panoramic hillsides.

Yet the true secret attraction is St. George Utah real estate. The diversity of original design and talent is booming along with the population. Don’t let the cozy small town persona fool you. Hollywood style perfection, world class golf courses, exclusive in home amenities and state of the art electronics is pushing the wealth effect in St. George Utah. St. George homes exemplify nature’s beauty with breathtaking views, right from one’s private terrace.

As a realtor, I truly have an insider view to the client’s new appetite for affluent homes. Plante and Associates specializes in homes of artistic and exquisite design tailored to style and taste of luxury fine living. If you’re looking for a place to retire, a second home or the fully furnished corporate lion hide-away, St. George Utah is where you’ll experience it with signature style. I’m Ellen Plante, and you can visit an online tribute to this extraordinary array of one-of-a-kind places at http://www.aboutstgeorgeutah.com or call 800-557-9096. I am more than happy to send you relocation information.

Oh I almost forgot, another secret to St. George housing market boom is a little known fact insiders know. Fabulous downtown Las Vegas Nevada is only 123 miles away.
sb
December 05, 2008

Criteria, Terms, Network - The Foundation of Real Estate Investing

In 2005, a bestselling book called The Millionaire Real Estate Investor was written by Gary Keller with Dave Jenks and Jay Papasan. The question is, because of the recent market changes of a buyers market from a sellers market do the principles laid out in the book still apply?

First, lets understand how the book was originally written. It was based on extensive research and interviews with over 120 millionaire real estate investors. The basic model laid out were Criteria, Terms and Network.

Criteria: What you buy. Criteria is the name used for the checklist you use to identify the type of property that you are going to buy. This applies to a buyers market because there appears to be all type of opportunities available, but you still need to establish what you are looking for & how you are going to take advantage of the market conditions. Are you going to stick to one particular type of property? Only condos or single families? These apply no matter what the market. Will you be able to resale it or rent it? The buyers market presents some new opportunities to consider.Are you going to focus on pre foreclosures, foreclosures or short sales? With these situations presenting themselves more & more, including them in your criteria checklist would be worth considering to see if they provide the greatest opportunity and the least risk.

Terms: With interest rates remaining fairly low, and with the wave of the sub prime backlash, terms are even more important in the buyers market then they have ever been. Add to that the true evaluation of proper offer prices when overall prices are stagnant or declining. Simply taking the time to establish your own parameters to determine when a deal is a good deal & when a deal should be walked away from is critical in an emotion filled buyers market.

Lets look at the principle of Network: Who helps you. to todays marketplace. Having a network of select relationships that know your criteria & that are able to feed you opportunities is essential. Imagine a well placed attorney that knows of pre-foreclosure proceedings or a Northern Virginia Real Estate Team (http://www.theearlofrealestate.net/team.aspx) that is intimately aware of a particular area or that is working in conjunction with a bank to dispose of Bank Owned / Foreclosure Northern Virginia Homes (http://www.theearlofrealestate.net/77_bank_owned_SF.aspx).

All of these areas still applies & answers a lot of the questions of what you'll buy, how you'll buy it & who will help you.

"Mastering these areas will give you the greatest chance for long term success & place you solidly on the path to becoming a Millionaire Real Estate Investor". This was sound advise when the book was written and remains sound advice today.
 

sb
December 05, 2008

Use Your IRA or 401K to Purchase Investment Real Estate

Did you know that you can use your IRA or 401K to purchase real estate and have those assets grow in your retirement plan? Most people don’t. This is a great way to increase the value of your retirement plan. Adding real estate to your IRA means these assets will increase in value tax-deferred until you begin pulling money out of your IRA or 401K. That’s right, you can buy real estate, let it appreciate, and not have to pay the IRS any income taxes on your income or gains from it until you retire!

Now, there are some rules, but they are, for the most part fairly simple and straightforward. There are several types of real estate investments that are eligible for including in your IRA. Rental homes or condos, raw land, timberland, commercial real estate or office buildings rented or leased to a business are all eligible. You could also add discounted real estate paper (where you purchase mortgages from someone at a discount) and even tax certificates. You can even purchase your future retirement home with your IRA. You just have to rent it out to someone else until you are ready to retire. This is not a comprehensive list, but it should give you some good ideas.

One rule concerning IRAs & real estate is that you cannot use it buy your own home or any property you live in, like a second vacation home for example. And I have also read it is not a good idea to rent out property you have purchased with your IRA to close relatives.

In order to use your IRA to purchase real estate, you must set up what is called a self directed IRA. This means you can direct your own investments. To do this, you will need the services of an approved IRA trustee or custodian or independent administrator. In order to fulfill their legal obligations, the trustee will most likely require that you hire a property manager to manage any rental property. This is to ensure that the property taxes are paid on time, to collect rents and maintain the property to local building codes. This can be an advantage for you, to let someone else deal with the day to day headaches of managing property.

There are many companies and individuals that offer IRA trustee services.

You can use a Roth IRA or a SEP IRA, for small companies and self-employed people. According to David Gass, president of Business Credit Services, the Roth IRA is his best choice for using an IRA to buy real estate for long term investments.

When you purchase real estate using your IRA, the trustee will most likely require that you purchase the property outright and not use any debt financing (a mortgage or trust deed). This is to protect your IRA from defaults on loans and other problems with long term contracts. If you are thinking, well, I can’t afford to buy a $150,000 or a$200,000 property for my IRA, don’t be put off. I have seen many properties in several parts of the country that can be purchased for under $50,000. You can even buy a mobile home and rent it out.

You need to think of your real estate investments like a business. All the income must be deposited into the IRA. And all expenses related to your property must be paid from the IRA. This will keep you out of hot water with the IRS. And when you sell the property, all of the gains will be added to your IRA, tax deferred.

This short article is just meant to introduce you to the idea that you can increase your wealth by adding real estate to your IRA. You will need to find and work with experts and professionals in this area. Your real estate agent can probably introduce you to several qualified people and companies that deal with this.
 

sb
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