Will the septic system support two houses? If it will, you could record an easement for use of the Lot 2 septic system, which would make it clear that although the house uses the septic system, it does not own it. You’d probably have to draft some wording about how they split the payment for cleanouts, repairs and so on, but it could be done.
This would, in effect, allow you to split the basis as you had described.
I’m not going to begin complaining about how this set of circumstances horribly intertwines with the rest of my situation, but I’m here to ask if anyone might be kind enough to send me their 5 Day Notice to begin the process of eviction.
I have a tenant a month and a half behind in rent, refusing to answer the phone, but he did tell me he’d be out by the end of July. Only problem is, since he didn’t pay the last month and half worth of rent, I’m afraid I might have to follow eviction procedure to take the property back. I simply wanted his permission to begin advertising and showing the home to new tenants for the property but he refuses to return calls.
I know who he works for and what city he is moving to so I can at least give him a last chance to come clean sometime in the next month or so, but for right now I won’t be able to keep up financially on the payments, not only has he put me 2 months in the hole from my own pocket but now due to the fact I’ve been unable to advertise and fill the property I’m probably looking at at least two more months of having the home empty.
In any case, a 5 day notice would be great and any other general advice, highly appreciated.
Brandon, you may also want to contact your local REIA and see if they know of or have dealt with any of those “jiffy eviction” type services, some of them are quite legitamite. Many of them have a flat-rate model, where they charge $175 or something like that to handle all of the notices, details, paperwork, filings, and even meet the sheriff at the property for the actual eviction. You may want to consider one of these even if the money is tight right now, as it could save you more in the long run. Remember, possession is 9/10 of the law, so your top, top priority is to get the tenant out of the property in the most expedient manner possible. Until that happens, and especially if they get a whiff of how much of a runaround they can give you, you could be blocked from marketing, filling and renting the property at many turns. Put first things first, and get them out now. And don’t delay the process, since even the pros typically take 15 days to get it done. The non-returning of phone calls is not a good sign, so the time for negotiating is probably over.
…getting legal forms/docs from people via the web. many real estate related proceedings are state specific in nature. you ask for a 5-day…here in michigan its a 7 day. i would advise you contact someone locally to familiarize yourself w/ the entire process and required forms.
the state of michigan has all of its court forms on its website. perhaps your state has the same.
BMP
Contact your LOCAL apartment association as they will have all the rental related forms you need including a 5 day notice for non-payment of rent. Local being the key word becuase you’ll need to go by the rules in your market. Your local apartment association will be up-to-date with all the current rules of the game.
Re: How Would You Structure This For Tax Purposes? - Posted by John Bryce
Posted by John Bryce on March 25, 2006 at 18:17:06:
Rich,
There are no easements and yes the sewage drains from lot 1 to lot 2,where the entire septic system is located.
You are correct in assuming house and septic system were built at the same time.
I thought about combining the parcels,but the plat of the subdivision is “grand fathered” and does not meet the new standards.Once the parcels are combined they cannot be subdivided,unless they meet the new minimum size requirements,which in this case they don’t.