rent collection

Lease Break Agreement

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Last March, it was time to make a decision on renewing the tenant’s lease on House9. There were several variables at play, and we ended up adding “lease break” terms to the renewal agreement. Here’s how and why we did such a thing.

LEASE BREAK CLAUSE

All of my leases are set up as a lump sum fee. This means that if the rent is $1,000 per month, then the lease is a legal binding agreement for $12,000 for the year. If you wanted to leave 6 months into the agreement, I could hold you accountable for the entire sum. In reality, this wouldn’t happen. I’d have to show a good faith effort to re-rent the property once the tenant vacated the property, and they’d only be responsible for the time it was vacant, at most.

The point here is that there is no section of my lease agreement template that allows the lease to be “broken,” and the tenant to leave “early.” In some instances, a tenant will request the flexibility to leave early, and we typically charge up to a month’s rent for that ability. We most often use this for tenants that expressed interest in buying a home. There are some other fee structures that we use depending on the circumstances, but this will focus on those instances where we know in advance that this is a possibility.

ORIGINAL LEASE AGREEMENT TERMS

The tenants had signed their original lease in June 2020. From the beginning, they were clearly money savvy. They had said from the beginning that they were looking for a place they could live until he finished his schooling, which was about 2 years away. They negotiated a two year lease for $1,280. In September 2021, so 6 months before their lease was set to expire, he reached out with an offer. His program was set to end in May 2023, but they didn’t want to commit to any longer than that since he could be placed anywhere upon graduation. He asked to go month-to-month after that.

We agreed to extend their lease until May 2023, but it would be $1,300 (instead of $1,280) between 7/1/2022 and 5/31/2023. We decided not to engage in the month-to-month conversation that far in advance, which he understood.

In March 2023, we started discussions on their status. They were about to have a baby, the market had cooled for buyers, interest rates were high, etc. They didn’t want to rush their buying process. Instead of paying the premium for a month-to-month lease, we decided on another year-long lease, but it would have a “lease break clause.”

NEW LEASE AGREEMENT TERMS

The new lease was executed for $1,350 per month, which was still a bargain for their property. However, we added lease break provisions, as seen below.

The thought process here was that we were protecting our financial interests based on the time of year. First, we required a month’s notice. Our original lease already states that we can have access to the property to show it to prospective tenants, so that wasn’t repeated here (although it is worth noting that this in our lease agreement, since renting while a unit is occupied is not always a given; we struggled with our property manager in KY getting access to our properties (that was a property manager issue)).

I don’t know if there are facts to back this up, but it seems (through my own years of renting, as well as all these years as a property manager) that most people are looking for a rental to be somewhere between May 1 and July 1 as the start. A quick search tells me that the common months are May to September. However, in the south, we start school in mid-August. If you’re not moved by August 1st, I’d venture to say you’re not preferring a September 1st start date.

If the tenant left in the summer months, then the fee was only 1/2 of a month’s rent. We had a good chance of being able to re-rent the property if it was during the summer and before everyone focusing on back-to-school in the end of August/September. If they requested a lease break between September and the end of March, then it was a full month’s rent. This was due to the fact that the turnover process was going to be longer than our typical turnaround, and it would put us at a disadvantage in re-renting the property down the road. We then put that there would be no fee if they left in the last two months of their agreement because 1) we’d likely be able to rent it quickly, and 2) as a way of showing that we’d meet in the middle since they were such great tenants.

EXECUTION OF THE LEASE BREAK AGREEMENT

The tenant had used our property manager as their Realtor for a new home purchase. She tipped me off that they’ve be giving their notice shortly, sometime at the beginning of November. I naively thought that meant they were newly under contract, but by the time their notice was given, they had already closed on their new home. They purposely waited to give their notice so that they had time to move their belongings without being rushed (which is fine; I don’t know why that reads negatively). On November 24th, they let us know that they’d be leaving by 12/31.

While the fee was due upon notice, per the lease agreement, it wasn’t something I was willing to fight. If you’re a good tenant and hold the lines of communication open, I’m happy to treat you as an equal. They paid the fee on 11/29, and then they paid their December rent on 12/4.

LESSONS LEARNED

Honestly, it worked just as planned. We weren’t able to rent the house for January. The lease break fee alleviated the pressure to settle for a tenant just to fill the house because we had the month’s income already accounted for. We’ve done something similar in the past, and this set-up has worked well for us. It gives a little grace to the tenants and real life needs, while still protecting our interests as business owners.

We put the same type of clause in another tenant’s lease. They executed the clause on February 23rd, letting me know they’ll be leaving by the end of March. If they broke their lease in March or April, there was no fee (their lease was set to expire April 30th, so it’s one month early).

Their are times where a tenant doesn’t know up front that they’re going to find a house they love or a job is going to move them. We handle each on a case-by-case basis. Generally, it’s either going to be a month’s worth of rent as the fee or it’s going to be a fee of $250 (the amount I pay to the property manager) and they pay rent until we find a new renter (which has never taken more than 6 weeks, and is typically a few days turn around for me).

May Financial Update

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This has been a whirlwind of a month. Our crashing investment accounts have been offset by home values, so we’re still over $3 million net worth. But those investments are very low; it’s the first time I’ve seen a negative in my 12-month performance history for my ‘401k.’

HELOC

A couple of months ago, we were standing outside playing with the kids when a neighbor walked by and introduced themselves. Being that we easily have $150k worth of equity in our house, we started talking about how we should open a Home Equity Line of Credit to be able to float a future purchase. The process was initiated, but not really started, when we made an offer on another house to be our personal residence. More to come on that. But we close on the HELOC today at $100k, which was the maximum she could do as an “administrative authorization” (for lack of a better term, and to pull on my government background), which essentially just meant no appraisal cost.

NEW HOME PURCHASE

We’re about 3 weeks in being under contract on a new house. We’ve submitted all our files to an online bank that we’re using as our loan, and we’ve locked our rate at 4.0% on a 5 ARM. Closing is expected to be 6/15. We’ll need about $75k or 80k out of the HELOC for closing on that.

We found out that our appraisal that was ordered for this house got cancelled. A quick inquiry to our lender and we found out that they decided our credit profile doesn’t need one! They’re going to refund us what we already paid, which was a pleasant surprise.

PART TIME WORK

I worked the weekends in April at the local racetrack. It’s good money and only required 8 days of me actually working. This meet’s experience was slightly different, and I didn’t enjoy it as much as the Fall meet, but I made more than I did in during that meet.

RENTAL UPDATES

We had a tenant abandon a property on April 1st, so that was a lost month of rent that we weren’t expecting. Our finances aren’t in a position that we need that money. It also helps that we don’t have a mortgage on the property. But we still put over $2,000 into the house (including two appliances) and a week’s worth of our time in turning it over since it was left in poor condition. We’ve been fighting Home Depot on getting a dishwasher delivered and installed, and that still isn’t resolved.

We had our usual suspects not pay rent on time. One did manage to pay in full (not the late fee though) by the 7th. The other I finally told that paying on the last Friday of every month is no longer acceptable, and it needs to change. She sent a nice email back, but we still haven’t seen a dime from them this month.

We had one rent increase go into effect; it went from $1025 to $1100. That also increases our property management cost by $7.50 going forward.

We had an insurance company drop us by not renewing us since they found out we moved out of state. We told them we have a property manager, so there is someone available taking care of the houses, but they didn’t care. Luckily, not all insurance companies have such a requirement, and our agent was able to find someone with nearly the same price that accepted a property manager.

We have officially paid off one of the loans that we had with our partner. We had intended to pay the loan off this month, on our terms. Instead, because the balance was about $400, the loan company took it upon themselves to use our escrow and close the account. We were purposely waiting until after escrow paid the taxes due this month, and now we need to scramble and figure out the tax payment.

NET WORTH

SUMMARY

We now commence a very busy time of life. We have several trips planned, we expect to turnover a rental that we’re kindly asking a tenant to vacate, and we have a lot of work we want to do on our new personal residence. Hopefully the turnover of the one house goes smoothly, we get the house that was abandoned in April re-rented, and that there are no more surprises in our rental world. We also had our AC go out in our 18 month old house, so here’s to hoping there are no more surprises in the personal expense world too.

Should You Use a Property Manager?

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The key to financial freedom is passive income or cash flow so that you don’t have to work, right? Well, managing rental real estate isn’t truly passive, so a hiring a property manager to do that work on your behalf is enticing. But are the benefits worth the cost?

We have 12 rental properties, and 5 of those are self-managed. While I’ve mentioned the benefits of a property manager, I wanted to run through the reasons we don’t have a property manager on all of our properties. It comes down to time management and cash flow.

THE DETAILS ON SELF-MANAGED HOUSES

The very first property we bought was in Kentucky, while we lived in Virginia, so we needed a manager on that one. But then we bought two houses in Virginia. They were right next door to each other, and I worked about 10 minutes away. Without kids, I had the time and flexibilities to manage them. Plus, both houses had active leases on them when we took possession. Without having the immediate need and learning curve of finding a new tenant, it was easy to manage the rent collection and any minor issues that came up on the houses. A property manager would have cost us $105 each month on each of these houses. Even now that we don’t live near them, the houses are newer and we know they don’t have any major issues, and the tenants keep renewing their lease, so it’s [relatively] easy to manage from afar. There are some maintenance hiccups – like the flooring debacle – but mostly I just collect the rent electronically. One house is routinely late on the rent, so I have to manage that property more than the norm, but it’s all via electronic communication and doesn’t require me to be on site.

Our third purchase in Virginia was of a vacant 2 bedroom house. Still, no kids meant that I could manage listing and showing the property to prospective tenants. This was the first time that we had to figure out the tenant search process, but we were able to show it to a couple and have it rented the first weekend it was listed. Again, the house requires very little attention, and I just collect rent. Even when the house had to be turned over, the tenant leaving put us in contact with a friend of their family’s, and that’s been who’s living there for several years.

Our last two that are self-managed are the two that we have with a partner. I handle the rent collection and paperwork. When we have an issue, we’re more likely to call a handyman than do the work ourselves anymore, but again, phone calls and emails aren’t that difficult. We just had a handyman go out to look at two broken doors and to replace a missing fence panel. While I was there over the summer, I had secured the railing that was loose, but I didn’t want to do any of the other work. It also helps that we have a partner, so the cost of any work to be done is only half for us.

For the past year, we took over management of a property that had been with our property manager in Virginia. We knew the tenants from a previous house of ours, and we felt that our management of that house from afar would be easy as compared to the $120/mo we were saving by self-managing. We didn’t have any issues we couldn’t manage during the year. However, they’re now purchasing a home. We’re obviously not there to manage showings, so we gave this property back to our property manager. She listed the house and showed it for us. It’ll cost us $300 for the listing and 10% of the monthly rent for her management ($135). For the last 11 months, it has been rented at $1200. That means that we’ve had an extra $1620 worth of income for the year than we would have ($120 for 11 months, and the $300 listing fee).

PROPERTY MANAGEMENT

For our Kentucky houses, we are very hands off. We don’t weigh in on costs less than $200, and we don’t get any updates regarding rent payments or tenant searches. Sometimes it’s too hands-off for me. For instance, I don’t even get a copy of the executed leases until I ask for it, and I don’t get a copy of any receipts (I just get a summary of charges taken out of our proceeds). It has been hard on me psychologically, but I’ve learned to let it go over the past few years.

For our Virginia houses, we’re more hands on, and sometimes it’s too much. We still discuss all the details when an issue arises, so it’s just saving me the time of calling and coordinating contractors, which is rarely necessary. Then there are times that I even handle ordering and contractors; for instance, I just handled replacing the hot water heater and refrigerator at one of our houses. All of our tenants pay rent electronically, so that’s not even on our property manager’s radar (she used to collect rent and then deposit it in a joint account we gave her access to). Since she’s not responsible for rent collection, it’s then on me to let her know if someone hasn’t paid, and she handles the follow-up communication.

However, our Virginia property manager has been worth her weight in gold because she has handled multiple lease defaults for us (with one actually leading to an eviction), which involves going to the court house to file the motion and then showing up for the hearing(s). We had one tenant who had to be served multiple notices, but she eventually left on terms mutually agreed upon. We had another tenant vacate a house because his kids were attending a school out of the address’s district (and blamed us for that.. I don’t know!), but we took him to court to require payment of past due rent from before he vacated. Then we had a true eviction, where the tenant stopped paying rent and had to be taken to court multiple times. The judge ruled in our favor and told her to vacate the premises, which involved police officers escorting them out of the house. We have been very lucky that the houses we manage haven’t ventured into the realm of taking them to court (although one in close), and that our property manager has been able to handle everything on our behalf for these instances.

SUMMARY

We can get caught up in the “we’re paying for nothing to happen” mentality with our property managers. Each month, we pay out $720 for property management. In Virginia, our property manager doesn’t even collect rent, so most months there’s no action from her for the houses. In Kentucky, the property manager collects rent, holds it, and pays out our share the next month. It can be hard to see that total number that we’re paying, but for those months that involve a lot of coordination in receiving quotes, going to court, or meeting contractors, it’s nice that we don’t have to deal with it.

Sometimes it’s worth paying for peace of mind and relaxation, knowing someone else is handling your problems for you, but you need to choose where that balance is for you. Do you want to manage it yourself to know your money is being spent fully at your own discretion; do you want to have a manager while maintaining a lot of the decision making; or do you want to be fully hands off with a management company who you can trust to handle your property with your best interests at the forefront? It’s all a balance of how much you think that’s worth compared to your time spent and knowledge on managing rentals.