Category Archives: Property Management Issues

Ep. 169 Rob Gidel: Lawfare – How to Address Mold in Your Commercial Lease

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Mold in Florida Real Estate

If you own property in Florida, you know that the potential for mold is a constant threat. While not all mold is deadly, removal and cleanup can be a costly process.

Many commercial leases fail to provide for specific clauses addressing mold. If you do not address mold prevention and removal with your tenants during the lease-signing, you can leave yourself wide-open to liability should mold be discovered in your property.

How to Address Mold in Your Commercial Lease

1031 exchanges net lease investments; exclusive use clauses, commercial leasingFor this edition of Lawfare, we have attorney Rob Gidel join us to talk us through the nuances of addressing mold in your commercial lease and how to navigate potential areas of liability.

You’ll remember Rob from past episodes in which we’ve discussed areas ranging from 1031 Exchanges and net lease investments, to building a successful partnership with your real estate attorney.

In this episode, Rob gives us an overview on the issue of mold in commercial leases and touches on specific points commonly contained within them such as:

  • Tenant remediation
  • Definition of hazardous materials
  • Continuous operation clauses

You don’t want to miss this special Lawfare edition in which we discuss how to address mold in your commercial lease!

Ep. 168 Jimmy Clark: Lawfare – Protecting Your Property Against Worker’s Comp Claims

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Having work property work done is a common experience for any real estate owner or manager. From cosmetic refurbishments to landscaping and maintenance, you rely on contractors and sub-contractors to help you in addressing your building’s needs.

But what happens if something goes wrong? In the world of construction and skilled trades, accidents do occur. Sometimes these accidents can cause damage to your property and sometimes they can result in injuries to your contracted laborers.

General Liability Insurance and Worker’s Comp Claims

Protecting your property against worker’s comp claims is key to ensuring proper mitigation of investment risk, should an accident resulting in injury occur on your job-site.

In this special, Lawfare edition, we discuss the ins-and-outs of general liability and worker’s comp claims. We talk insuring yourself and your property and what to do if an injury happens on the job.

ada compliance, lease insurance, worker's comp claimsJimmy Clark is the Senior Vice President and Real Estate Practice Group Leader at Harden, one of the southeast’s largest risk management and insurance firms.

This episode, Jimmy offers up essential tips all property owners and managers need to know about about worker’s comp claims. He shares the common insurance pitfalls that you need to make sure are addressed with your vendors and contractors when recruiting project labor.

If you want more information on common insurance and worker’s comp liability as it pertains to your real estate investment, you can contact Jimmy directly at:

jclark@hardeninsight.com or 813-367-5609

Don’t miss this episode on protecting your property against undue worker’s comp claims!

Ep. 162 Jimmy Clark: Lawfare – 3 Potential Insurance Pitfalls You Need to Address in Your Lease

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As a landlord or property manager, you’ve got a lot of responsibility. From leasing to maintenance, there are a lot of potential risk factors you need to mitigate. One way that you might find yourself in hot water as a landlord is in regards to how insurance issues are addressed in your lease.

When it comes to leasing, it is typical that both you and your tenants will each be held to specific responsibilities and duties. However, there is an additional oneness on your as a landlord to make sure these responsibilities are addressed correctly in your lease. Otherwise, you may be left holding the bag should an issue arise.

This episode, we take a look at some common insurance pitfalls that often go unaddressed until they become an issue.

3 Potential Insurance Pitfalls

Renters Policy – Many multifamily + single family leases require tenants to have renter’s insurance. While this can be a good idea, it can often be poorly executed in the lease. Negligence in enforcing renters insurance often falls on the property manager and/or landlord for not ensuring the tenant does not have valid insurance.

Rent Abatement – If your tenant is granted rent abatement following a casualty at the property, when can you expect to get reimbursed for loss of revenue from this lost rent?

Tenant Improvements - If you are installing tenant improvements, insure it yourself. Leaving insurance on tenant improvements solely to the tenant can open you up to unnecessary risks: preclusive clauses, co-insurance provisions, exclusions, etc.

About Our Guest:

ada compliance, lease insuranceJimmy Clark is the Senior Vice President and Real Estate Practice Group Leader at Harden, one of the southeast’s largest risk management and insurance firms.

This episode, Jimmy offers up three essential tips all landlords need to know about leases. He shares the common insurance pitfalls that you need to make sure are addressed with your tenant(s) when drawing up your leases.

If you want more information on common insurance pitfalls when it comes to your real estate investment, you can contact Jimmy directly at jclark@hardeninsight.com or 813-367-5609

Don’t miss this episode on protecting your lease from common insurance pitfalls!

Ep 159 David Diaz: How Technology is Changing the Property Management Game

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Managing Your Real Estate Asset

Regardless of your preferred property class, the way in which it is managed can make or break an investment. Competent property management can mean the difference between a successful investment and a financial albatross. Many first-time investors make the mistake of discounting the need for adept property management and find themselves in hot water.

From maintenance to tenant issues, there is a lot that goes into managing a real estate asset. If you plan on self-managing your property, you need to understand these aspects. Even if you hire a property manager, you need to understand fees and cost breakdowns.

Fortunately, the tech boom has enabled investors to more fully understand the administrative and operational functions of owning and managing a real estate asset. Now, you can connect with professionals that have the experience and know-how to guide you and empower you in understanding the property management process.

Property Management Meets Accessibility

For many investors, self-managing a property has meant a lot of trial-and-error; getting into what looks like a sweet deal only to find out it’s a lemon or worse… a total disaster.

But now, emerging technologies in the property management industry are allowing investors more access to the tools and resources needed for understanding the nuances of the field. Now you can get consolidated access to professional services and data so you don’t have to piece together you don’t have to learn how to manage a property the hard way.

About our Guest

property managementDavid Diaz is the Co-Founder and Head of Operations for Great Jones, a tech-based property management platform. Having bought, renovated, leased and managed over 10,000 homes for REITs, individual investors and his own portfolio, David is a foremost expert in single family property management.

 

Ep. 158 Leslie Plettner & Jack Boyajian: What Landlords Need to Know About Florida’s Medical Marijuana Industry

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Legalized cannabis is here to stay.

Despite the federal government’s unchanged stance, there has been a recent wave of states pushing for some form of legalized cannabis whether it be medicinal or recreational. With Amendment 2, Florida joined the ranks of other states that have adopted some form of a legitimate cannabis industry.

However since Florida voters passed medical marijuana into effect, there has been some uncertainty as the move faced moral and legal push-back from some business owners and municipalities. Real estate investors and landlords have been faced with some of the more difficult questions regarding the legitimacy of the medical marijuana industry.

Like any burgeoning industry, the market will face some growing pains. But turning away from medical marijuana in its earliest stages may be short-sighted. Medical marijuana and retail cannabis tenants already have demonstrable value; the investment potential is there. Education and understanding can go a long way in bringing you to the forefront of this emerging marketplace.

Leasing to Medical Marijuana Tenants

  • Zoning
  • “Sin Clauses”
  • Tenant Licensing

About Our Guests

legal cannbis Leslie Plettner is the Managing Director of BaseCanna. A lifetime entrepreneur, Leslie’s real estate journey started with designing and transforming under-performing schools before transitioning into a more robust role in real estate development. In 2015, Leslie set her entrepreneurial sights on California’s emerging cannabis market.

 

medical marijuanaJack Boyajian is the CEO of BaseCanna. Having handled over $3 billion in the development, management and conversion convert residential and commercial real estate, Jack focused his interests on the value of the legal cannabis industry after witnessing the demonstrated positive effects of medical marijuana.

BaseCanna offers comprehensive, turnkey real estate solutions as well as operational guidance for tenants involved in medical marijuana or retail cannabis. BaseCanna can help match landlords with licensed, qualified tenants.

If you have more questions about leasing to a cannabis tenant or just questions about Florida’s medical marijuana industry, visit their website.

 

 

Ep. 150 Jimmy Clark: Lawfare – ADA Compliance and Protecting Your Property from Punitive Damages

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As real estate developers and owners, we want to ensure functional accessibility to everyone coming in contact with our property. Whether you own a retail center, apartment complex or a single-family rental, you want to make sure that everyone has equitable access to a reasonable degree. ADA compliance helps investors to recognize what parts of their property need to have universal accessibility to allow for reasonable use for persons with disabilities or limitations.

But what happens when ADA compliance goes beyond reasonable accessibility?

Real estate investors of all asset classes are subject to punitive damages lawsuits on their property. More often than not, punitive damages claims arise out of an oversight in ADA compliance. Even if you take great care in ensuring ADA compliance in your property, there may be some small accessibility issue that was overlooked that could leave you vulnerable. Sometimes, it can be a simple technicality that results in punitive damages. Whatever the case, punitive damages can cost investors time and thousands of dollars to remedy.

ada complianceJimmy Clark is the Senior Vice President and Real Estate Practice Group Leader at Harden, one of the southeast’s largest risk management and insurance firms. Part of his job is ensuring that property owners aren’t hit with punitive damages from ambulance-chasing attorneys.

This episode, Jimmy offers up some quick pointers for property owners who may not be aware of the punitive damages risks awaiting their property. He tells us the common and not-so-common things you need to look out for in order to make sure your property is fully ADA compliant and protected from damages.

Contact: jclark@hardeninsight.com or 813-367-5609

Don’t miss this episode on ADA compliance and protecting your property from punitive damages!

 

Ep. 148 Rob Gidel: Lawfare – 1031 Exchanges & Net Lease Investments

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This episode is the first in our new ‘Lawfare’ series. We’ll be offering up shorter episodes focusing on the legal aspect of real estate investing.

1031 exchanges net lease investmentsOur first guest is attorney, Rob Gidel. Rob is a real estate attorney specializing in acquisitions, dispositions, development, financing and leasing. We’ve had Rob on the show once before and we’re glad to have him back!

This episode, Rob talks about net lease investments and using 1031 Exchange to purchase properties. He also shares tips for investors to avoid pitfalls.

1031 Exchanges & Single Tenant, Triple Net Lease Investments

A lot of multifamily and rental property investors love to use 1031 Exchanges to leverage new investments. If you’re not familiar, 1031 Exchanges allow for a deferral on capital gains tax from the sale of a property if the earnings are used to purchase another property.

However, some investors rush into buying a property on a 1031. This can get you into hot water if you don’t consider the purchase from an investment standpoint. If you purchase a property solely as a tax decision and not a financial decision, you may end up biting off more than you can chew. This is especially true for first-time investors of single tenant, net lease investments, or triple net leases.

Many investors who are new to net lease investments are enticed by the seeming ease of a long-term, single tenant. It may sound like an easy, hands-off investment strategy, but there are many nuances to triple net leases that make them complex.

Rushing blindly into an investment is never a good idea and net lease investments are no different. You do not want to miss this episode!

 

 

Ep. 147 Augie Byllott: Landlord Tales – Lessons Learned from a Self-Managed Single-Family Rental Portfolio

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Starting a single-family rental portfolio can be a great introduction into the world of real estate investing – but that doesn’t mean it’s easy. There is a big difference between buying a single-family property as a fix-and-flip and one purchased as a rental. There is a lot to keep track of when you invest in a single-family property for cashflow; from finding a good deal to finding and managing tenants.

Often, as you’re starting your single-family rental portfolio, you will be managing those first few properties yourself. Many first-time investors are not a natural fit as landlords and it requires thinking about your investment portfolio as a business – and running it as such.

Our guest this week, Augie Byllott, learned the hard way how to manage his single-family rental portfolio.

Augie and his wife became landlords by default. After getting married and buying a house together, they turned their respective homes into rental properties, never intending management of their rental investment to be their main focus. However, they quickly realized that single-family rentals don’t just manage themselves and that (surprise, surprise) tenants don’t always have the landlord’s best interests at heart.

Managing a single-family rental portfolio

Augie and his wife quickly learned that to successfully manage their single-family properties, they needed to think about their investments like a business – and manage them as such.

About Augie Bylott

focused acquisition strategy can earn higher returnsAugie is a seasoned single-family investor and the founder of Creating Wealth U.S.A.

With over 500 deals under his belt without the use of bank loans, Augie has become an expert on tailoring his acquisition strategy to fit specific deals. He now share his advice and experience through books and mentor programs.

Contact Augie at (863) 255-5858

Ep. 143 Kris Chana: Multifamily Investing with a Twist – The Untapped Potential of Assisted Living Facilities

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assisted living facilitiesWhat do you think of when you hear the term “assisted living facility”? Most of you are probably picturing nursing homes, with orderlies and nurses and fully-equipped medical wards… probably something that most real estate investors would consider too much to take on.

However, assisted living facilities and senior care complexes tend to get a bad rap, especially considering the incredible investment potential they hold. Instead of thinking about assisted living facilities as old-folks’ homes or nursing homes, investors should look at these facilities as what they really are: multifamily investment opportunities.

Kris Chana is a an assisted living facility investor who brings a unique look at how multifamily investing strategies can be applied to this often over-looked asset class. Kris, along with his wife, Chelsea Chana, are the owners and operators of Chelsea Place Senior Care in Charlotte County, FL, Kris understands the potential for returns on senior care facilities. In addition to a full-time assisted living facility, Kris and Chelsea also own and operate a senior daycare facility. They are pioneers in applying traditional, multifamily investing concepts to senior living and this episode, Kris will be sharing their story along with tips on how investors can get involved in this unique and largely untapped asset class.

Find out about the untapped investment potential for Assisted Living Facilities!

  • Not just an asset class for institutional investors
    • Roughly 70% of ALFs are individually owned and operated
  • Not nursing homes
    • Does not require major medical component
    • ALFs are largely private-pay
    • More hospitality-driven than medically-driven
  • Multifamily… with additional services
  • Large demand for assisted living facilities through incoming baby-boomer generation

Strong ALF Markets in Florida

  • Sarasota County

Contact Kris

By email: kris@chelseaplaceliving.com

Phone: (941) 883-6600

Web: https://chelseaplacecare.com/

 

Ep. 134 Jason Ellison and Josh Diggs: Solving Tenant Issues – Commercial Evictions to Residential Fair Housing

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The relationship between a landlord and a tenant is unique, to say the least. Whether you invest in residential or commercial real estate, you must maintain a balanced relationship with your tenants.

If you do own tenant-occupied properties, you know that maintaining a balanced relationship is easier said than done at times. When dealing with tenants, there are defined rules and regulations for what you can and cannot do as a landlord; However when it comes to peoples’ homes or businesses, disagreements over a lease can quickly become a tricky situation.  Solving tenant issues can be one of the most important things a landlord can do to retain tenants and stay out of legal hot water.

This live discussion and recording is about solving these common tenant issues. We discussed the landlord/tenant relationship, as well as covering common pitfalls relating to things like evictions and fair housing. One our guests deals in commercial real estate litigation. The other is an owner of multi-family properties.

They are as follows:

commercial lease disputesJason Ellison is an attorney and founding partner of Ellison | Lazenby Law Firm. Jason is a real estate attorney and specializes in contract preparation and dispute resolution. He is highly experienced in landlord/tenant disputes, including evictions.

 

 

dealing with tenantsJosh Diggs is a veteran investor and co-founder/owner of Palm Companies. He is well versed in tenant/landlord relationships and will provide on-the-ground insight into property management issues.Through their property management arm, Palm Communities, Josh has on-the-ground experience managing multifamily properties and dealing with tenants.

 

Check out “Ep. 134: Dealing with Tenants – From Evictions to Fair Housing”!

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