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Here's another personal true County Hawaii landlord horror story. Tenant owed over $2,000, I got judgment and possession, and wasn't planning on collecting if she had cleaned up. But I ended up dumping 8 truckloads of yard junk. The only mistake I made was being with the person who I hired to serve the garnishee papers. The tenant claimed that it was I who served her, and the judge believed her. This triggered repercussions I will not go into for the length of time needed to explain details, plus if I did, it would make a lot of you sick, i am sure, but believe it or not, I ended up having to pay the tenant $25,000! This occurred approx. 1997. I am confident if I took time to explain details, all would vote this tenant for the black list.
newmicmag
newmicmag
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There exists a huge attitude against landlords in our society. Whether it's comments about making the landlord rich (which led to alot of people buying houses who had no business doing so), or withholding rent for any number of reasons, or just the general contempt towards landlords, it all contributes to this general attitude.
The laws have come to favor the tenant so much, they are unjust. If I walked into Wal-Mart and walked out with a tv, could I make some claim and get a TRO against Wal-Mart, so that they couldn't collect? Could I go rent a car at the airport, and then just keep it and stop paying, with the excuse "the car isn't in the best shape"?
And how many times have I heard from people, when bringing up the unjust laws and attitudes towards landlords: "well you should have known that when you decided to be a landlord", as if that justifies the behavior. There is sympathy for the losers who aren't paying, but not for the landlord trying to support a family too. Do they justify shoplifting too, because the vendor "should have known that"? Could I just go down to the farmers market and grab whatever I want, would the same people defend that?
There was a comment that many island landlords don't keep up their properties. I'd like to know, are the worst properties on the island rentals, or owner-occupied? I'd argue that the worst are owner occupied. Yet still this attitude that landlords ruin neighborhoods, etc. I'd bet that the average rental is repainted, cleaned, and has more recent repairs than the many owner-occupied homes. Yet still the attitude. It's like there's a resentment in our society lately, against anyone who tries to be successful.
I don't know how we can ever change the laws when the public opinion is so distorted.
Posts: 2,466
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Well, I HAD planned to do a 1031 exchange and get some rental property in Hawaii. Sad to hear "Pacific Heights" is alive and well.
I'm going to think long and hard before I make the leap....
Puna: Our roosters crow first
Posts: 2,653
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Joined: Sep 2006
A lot of truth there ric. Not saying there aren't AH landlords out there, but I never experienced one. I had a couple that were a bit annoying but that is understandable when a couple of rentals are someones nest egg. I have has one or two rentals for most of the past 25 years. I learned early have a good lease and to start eviction proceedings at the first sign of trouble. You can always decide to stop the proceedings later but it's too expensive in the long run to delay starting an eviction. I may be a bit of a hard ass in that respect but I'm otherwise easy. As for maintenance, I'm not as prompt as some but I do put complaints on the list and I do eventually get to them. I considered being a slum lord once. The income is fairly good for the investment but I didn't want to deal with weekly rent collections which generally entail repeated visits to collect the weekly rent. Not all slum lords are bad people. There is definitely a need there. Those with limited incomes need somewhere to live and you can't expect the Ritz for slum prices and the owner needs fair compensation for all of the extra work and aggravation involved. Of course the rental needs to be safe and sanitary.
Pua`a
S. FL
Big Islander to be.
Pua`a
S. FL
Big Islander to be.
Posts: 2,314
Threads: 59
Joined: Jun 2003
Most landlords who have tenant troubles are the ones who cut corners and don't do credit checks. I would ratehr have my rental empty than have a bad tenant. Just remember, your rental is a business and you have to run it as a business. If you don't run your business well than you will go out of business. The same for your rental.
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
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John, that's true, lot's of people got in thinking it would be easy, and many fail. But it is still their property, and they still deserve to either get their money or get their property back (vacated), and the bogus attitudes and laws don't help or protect them at all. They do have a right to run their business poorly, and it creates opportunities for others who can do it better.
I agree about holding out for good tenants, lose some money up front but a much easier life for the owner. But inevitably, those with poor credit will end up living somewhere, and whoever ends up with a problem tenant also ends up with more problems caused by the system, which provides no relief at all for the victim in these cases (the property owner).
The current laws completely neglect the concept of private property (oh, except they do protect the private personal property owned by the tenant).
There are two sides who can be less than stellar in this relationship. It was after I had a string of bad landlords that I decided to buy a house. I've had to invoke my rights as a tenant. Those rights were created as a result of landlord abuse and lack of respect for the fact that a tenant too is trying to have a home. Can tenant rights be abused? Sure, not disputing that.
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ric, I certainly agree with you. The laws in Hawaii are way too tenant-friendly!
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
johnrabi@johnrabi.com
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
Posts: 1,581
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Joined: Jun 2007
The laws all over the US are too tenant friendly. But whose fault is that?
Politicians didn't wake up one morning and say lets make harsh laws against landlords to protect tenants. It originally evolved from abusive acts by landlords. But it spiraled out of control at the hands of ordinary citizens.
You go to any landlord tenant court and out of 100 cases heard, 90% are landlord trying to legally remedy a bad situation. In almost all cases the court rules for the landlord because the law was followed. The other 10% are tenants going after the landlords and often times, the landlords prevails over the tenant. But you don't hear any outcry to award triple damages along with pain and suffering to the landlord who had to endure the hardship. You don’t have mass protest at the capital by people demanding tough laws to protect landlord’s investments and property. You don't hear people demanding that a tenant be sentenced to live in a dump because he trashed the landlord apartment.
BUT, god forbid a landlord attempts to evict little old granny Jones who hasn't paid rent in 11 months because she’s addicted to buying from the home shopping network and lives in filth with 5 poor little kitties. You will have mass protest from ordinary people shouting death to the landlord for being so cruel and death to the politicians if they don’t pass a new law requiring at least 365 days of non payment before even being able mail a postcard saying the rent is overdue! People don’t care how badly a landlord is treated but if a tenant puts on the right show, they have people crawling out of everywhere jumping on the bandwagon.
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Gosh, this tenant-bashing is hard to read.
I was a tenant (in California) in the same apartment for the last 31 years. I always paid my rent on time, kept my apartment and common areas clean, replaced carpeting and repainted (at my expense), and otherwise was a good citizen. In the meantime, my landlord received all kinds of tax deductions and support from the government (which favors property owners) and used my rent to pay his mortgage. I do not begruge him this. I respected his property and he respected me.
However, the focus on tenants being the bad guys and property owners being the good guys is skewed. There are lots of reasons why folks are tenants, not property owners. The push for everyone to own their own home as part of the "American dream" (supported by our tax code) is part of what got our nation into the real estate mess we are in right now.
With the drop in real estate prices, last year I was able to purchase a place. My landlord rehabbed the apartment after I moved out and rented it for triple what I was paying. Good for him and good for the new tenant, who lives in a lovely apartment (as long as he can afford the rent).
So, this is just to remind folks that there are law-abiding, responsible tenants out there. I'm sorry to read about some of the problem people, but we're all not like that.
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