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Answers To Basic Real Estate Investing Questions

The SmarterLandlording Podcast – The Real Estate Investor’s Guide To A Stronger Purchase And Sale Contract – With Attorney Joe Kirkland

May 7, 2020 by Kevin

Episode 18 is a discussion with Attorney Joe Kirkland on one of the most important documents you will use in your real estate investing career.

Download the podcast here.  Or, check out the SmarterLandlording Channel on iTunes

Order Your Copy of Advice From Experience To New Real Estate Investors Today!

Available in E-Book or Paperback

Free Resources Mentioned In The Show

Kevin’s One Page Purchase and Sale Contract

Kevin’s Estoppel Agreement

Joe Kirkland’s Contract Terms

Joe Kirkland’s Seller/Owner Financing Contract Terms

Links You Should Check Out

National Reia – Find a real estate investors group in your area to network with other real estate investors.

Memphis Investors Group – Visit the the heartbeat of Memphis real estate to network with hundreds of other real estate investors.

Want To Contact Us?

Find Joe and I at the Memphis Investors Group almost every month.  We meet on the second Thursday.  The details are here.  

Contact Joe at 901.333.1360 or by e-mail at jo*@cl*******.com “> jo*@cl*******.com

You can find me at my blog, Smarterlandlording.com

And you can like my Facebook page or connect at Twitter @Smarterlandlord.

Like the Intro Music?  Check out my good friends in the band Kitchens and Bathrooms (Kind of fits right!).  They write and play some awesome, original music from right here in Memphis, TN.

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Filed Under: Answers To Basic Real Estate Investing Questions, Buying and Financing Properties, Everything, Podcasts, The Business of Landlording

What Is An FED?

March 6, 2020 by Kevin

FED is short for a Forcible Entry and Detainer Warrant, more commonly known as an eviction. In many states, including Tennessee where I live and work, a landlord has to “swear out” a warrant and sue in court to regain legal possession of a property from a tenant. By doing so the landlord “swears” that they have been wrongfully denied access to their property (not paid) and want that situation remedied.

After a court hearing where the FED warrant is upheld by a judge, the landlord must then wait a specific period of time to allow their tenant to vacate and remove their possessions. If the tenant does not vacate, then the landlord must file for a Writ of Possession. Once this Writ is served on the tenant, often by a Sheriff’s Deputy, then the eviction can proceed.

With an FED Warrant and Writ of Possession in hand, a landlord gains the legal right to enter into their tenant’s home, by force if necessary, in order to remove them and their possessions and thus take back legal possession of the property. This entire process will generally take about a month.

Filing for and obtaining an FED warrant can be tricky and will differ from jurisdiction to jurisdiction. Plus, if you own your property in an LLC, you might not want to do this yourself. Seek competent advice before filing and going into court. For the curious, the form to file for an FED in Memphis Tennessee can be found here. The Writ of Possession can be found here.

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Filed Under: Answers To Basic Real Estate Investing Questions, Everything

Do Landlords Look At A Tenant’s Cleanliness Whenever They Enter A Tenant’s Home?

February 27, 2020 by Kevin

Absolutely!

We even start looking at a tenant’s cleanliness before they move in.

We look at their car to see if it is filled with trash. We look at their clothes to see how well kept they are. We look to see if there is food spilled down the front of their shirt. We look at their overall appearance.

As a landlord, I want tenants who will pay, stay and respect my property. If they do not even respect their own appearance or property, why would I think they would respect mine? Having a neat and clean appearance is one of our rental standards.

Of course appearances can be deceiving and someone who looks well presented may turnout to be completely different behind closed doors. If so, we are not beyond telling them to clean up or even perhaps hiring a maid service.

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Filed Under: Answers To Basic Real Estate Investing Questions, Everything

What Credit Score Should Landlords Use?

January 16, 2020 by Kevin

Landlords use many different items in their rental standards, which are the criteria used to determine if an applicant will likely be a good tenant. One of those items may be credit score. But, the actual score or number that a landlord uses to approve or disapprove a tenant will differ. In fact, credit scores may not even be used at all.

Rental markets vary. The pool of applicants in a particular rental market will generally have characteristics that differ from the pool of applicants n another market. I am speaking here of items that affect someone’s ability to pay, stay and respect a landlord’s property. These items include things such as income amount, rental history and credit history.

Thus, a landlord in one particular rental market may have a credit score of 550 and up listed as one of their rental standards. While a landlord in another may not examine credit scores at all. This landlord may instead examine income amounts and work history.

Due to this variety in rental markets it is impossible to saw exactly what credit score number a landlord should use or even if it should be used at all. No matter what criteria you use to screen tenants, be sure to have them written down and available for any applicant to see. Doing so will help them determine if they should apply and may just keep you out of legal hot water.

Kevin Perk is the founder and publisher of Smarterlandlording.com.  He is the author of Advice From Experience To New Real Estate Investors.  Subscribe to Smarterlandlording here. Contact Kevin here.

Subscribe to Smarterlandlording and receive a Free Report: 21 Tenant Screening Red Flags

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Filed Under: Answers To Basic Real Estate Investing Questions, Everything

What Are The Transfer Taxes When Selling Real Estate?

January 8, 2020 by Kevin

Transfer taxes are assessed when you sell a home, or any other real estate. A real estate sale is completed by transferring the rights of the property from the seller to the buyer through a deed. That deed is subject to transfer taxes.

This deed is then recorded in the public records of your local register’s office so that all of the world can see who owns the rights to a particular piece of property.

A transfer tax then is a tax on the amount of the sale or the value of the property (depends on the jurisdiction). This tax is collected by the local register’s office when the deed for the sale is recorded or placed in the public records.

How much a transfer tax will be is difficult to answer because the tax (here in the US) will vary from state to state, then from county to county and then even from city to city. After that, it may depend on the type of deed you are recording. In general however transfer taxes usually run from a few hundred to a few thousand dollars.

The title company, closing agent, attorney or realtor that you are using to facilitate your side of a real estate sale should be able to help you calculate local transfer taxes. If you are not using one of those, talk to your local register of deed’s office for assistance. If you are in Memphis, Tennessee like I am, you can determine your transfer taxes at this link.

Kevin Perk is the founder and publisher of Smarterlandlording.com.  He is the author of Advice From Experience To New Real Estate Investors.  Subscribe to Smarterlandlording here. Contact Kevin here.

Subscribe to Smarterlandlording and receive a Free Report: 21 Tenant Screening Red Flags

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Filed Under: Answers To Basic Real Estate Investing Questions, Everything

Will My Property Taxes Go Up Every Year?

January 4, 2020 by Kevin

Not necessarily. In most places in the US, there are two ways the amount you pay in property taxes could increase. The first way can be done every year, the second, generally only every few years.

The first way your property taxes could increase is done by your local property property taxing authorities. You will likely have at least one of these authorities but could have several. These taxing authorities could be a city council or a county commission. They could also be a board responsible for some type of public improvement or service. Fire management districts, water management districts and sewer and water boards are good examples.

Each of these property taxing authorities is authorized to levy a tax on all real estate within their jurisdiction. They do this by setting an annual property tax rate, usually when they pass an annual budget. These property tax rates are often expressed in terms of a dollar amount per $100 of a property’s assessed value. For example, if your property is assessed at a value of $100,000 and a property tax rate is set at $1.00 per $100 of assessed value, then your annual property tax amount will be $1,000.

$100,000/$100 = 1,000 — 1,000 x $1.00 = $1,000.

These property tax rates can be raised (or lowered) every year. Thus, if the tax rate is raised to $1.50 per $100 the following year, your property tax bill would increase to $1,500.

$100,000/$100 = 1,000 — 1,000 x $1.50 = $1,500.

The second way your property taxes could increase is if the assessment, or value, of your property is raised. All property taxes are supposed to be based upon the “fair market value” of the property. Somebody however has to determine what what “fair market value” is and set it for all of the property taxing authorities to use. That person is usually an elected property assessor. The property assessor for each jurisdiction examines the local real estate market and assesses a value for every parcel of property. The property assessor would be the one that sets the $100,000 value in the above example.

These property assessments are usually not permitted to be done every year. Thus the value of your property (and your property tax bill) cannot be raised every year in this way. In my jurisdiction for example, a reassessment is permitted by the property assessor only once every four years (Of course when a building is built, added on to, or the property is sold a new assessment may be allowed in between that assessment period).

Thus if your property is located in a robust real estate market and was valued at $100,000, it may be reassessed to $150,000 the next time assessments are permitted. Assuming the property tax rate per the above example stayed the same at $1.00, you would experience an increase in your property tax bill due to the increased assessment amount.

$150,000/$100 = 1,500 — 1,500 x $1.00 = $1,500.

Assessments may not always go up however and tax rates are not raised every year. I had several assessments reduced after the real estate crash in 2008/09. Properties simply lost value and the property assessor was required to reflect that in their 4-year reassessment. My tax bills actually went down in some cases due to the real estate crash. Plus, political bodies do not like to make the public too angry too often with tax increases, so they often do not raise rates every year.

When your property taxes do increase there is usually not much you can do about the property tax rate increase except make a protest at a public meeting or write a letter to a city councilperson. But you can often challenge a property value assessment if you feel it is too high. Contact your local property assessor for more information.

Kevin Perk is the founder and publisher of Smarterlandlording.com.  He is the author of Advice From Experience To New Real Estate Investors.  Subscribe to Smarterlandlording here. Contact Kevin here.

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Filed Under: Answers To Basic Real Estate Investing Questions, Everything

Are Property Taxes Deductible For A Rental Property?

December 28, 2019 by Kevin

A landlord has to pay all kinds of taxes, including taxes for property and on income. Property taxes are one of those unavoidable expenses that come with owning property here in the US. So yes, those taxes have to be paid.

The property taxes you pay are however considered an expense that is deductible from the income a property produces for income tax purposes. A simple example will help illustrate.

Suppose you own a house that generates $1,000 per month in rent. Total income for the year (assuming no vacancy) would thus be $12,000. Suppose further that your insurance cost $500 per year, mortgage interest for a loan on the property totaled $4,000 (principal payments are not considered expenses), maintenance and repairs totaled $1,250, property management was $1,250 and property taxes were $2,000 for total annual expenses of $9,000. Thus, $12,000 less $9,000 is $3,000. This $3,000 is your income (aka cash flow or profit) for the property for the year. This $3,000 is the amount used to calculate your income tax.

As this example demonstrates, you do not calculate your income tax based on the total amount of rental income. Instead you are allowed to deduct qualified expenses from that income, of which property taxes are one.

There are other deductions such as depreciation, car mileage and office expenses that come with owning real estate which I did not touch on for reasons of simplicity. Taxes can be quite complicated, so please understand that I am only a real estate investor and not a CPA. Consult a trusted, professional adviser for more advice.

Kevin Perk is the founder and publisher of Smarterlandlording.com.  He is the author of Advice From Experience To New Real Estate Investors.  Subscribe to Smarterlandlording here.  Contact Kevin here.

Subscribe to Smarterlandlording and receive a Free Report: 21 Tenant Screening Red Flags

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Filed Under: Answers To Basic Real Estate Investing Questions, Everything

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Kevin Perk has been investing in real estate in the Memphis, TN area for over 20 years. Read More…

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