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Real estate advice

Posted on 6/25/17 at 7:28 am
Posted by Teauxler
Baton Rouge
Member since Jan 2010
3286 posts
Posted on 6/25/17 at 7:28 am
Need some advice from the board. My sister and I lost our dad back in '04 and most recently our mother last year. We have inherited their home and we would like to rent it out. My question is should there be any precautions we should take to protect ourselves now as joint home owners ? Any need to form an LLC ?

Thanks guys
Posted by Costanza
Member since May 2011
3148 posts
Posted on 6/25/17 at 9:54 am to
Terrible idea. Sell it. Look at it like this, if you had not inherited the house with your sister, would the two of you have ever pooled your money to purchase that house to use as a rental? Of course not.
Posted by Teauxler
Baton Rouge
Member since Jan 2010
3286 posts
Posted on 6/25/17 at 10:20 am to
I should have added more to the op. My sister isn't emotionally ready to sell the house. I'm here to support her with that. There is a family member on her husbands side who will be renting it. I do understand your point completely though. The emotional attachment to the house hasn't worn off yet. House is paid for.
This post was edited on 6/25/17 at 10:21 am
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
25455 posts
Posted on 6/25/17 at 10:29 am to
It may be fine, but this smells like disaster waiting to happen. You own the house with your sister not as a business venture, she is emotionally attached to it, and a family member is renting it. I'd get out from under this thing as fast as you can. I understand supporting your sister and you should do that, but you're going to end up with a torn up house worth way less and a strained relationship in 3 years.
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17252 posts
Posted on 6/25/17 at 10:31 am to
Sell your half to her and let her deal with it
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6545 posts
Posted on 6/25/17 at 10:38 am to
Tigerpaw gets it.
Posted by ItzMe1972
Member since Dec 2013
9774 posts
Posted on 6/25/17 at 10:56 am to
I didn't really see a problem with it until you mentioned renting it to a family member.

Posted by Teauxler
Baton Rouge
Member since Jan 2010
3286 posts
Posted on 6/25/17 at 11:09 am to
Ok so let's take the family member out of it.. any advice ?
Posted by Costanza
Member since May 2011
3148 posts
Posted on 6/25/17 at 11:10 am to
quote:

Sell your half to her and let her deal with it


This. If she's not emotionally attached enough to pay your fair market value for your half, it must not be that important to her. Renting to a family member makes this even more crazy. Get out while you can.
Posted by ItzMe1972
Member since Dec 2013
9774 posts
Posted on 6/25/17 at 11:16 am to
Where do you and your sister live in relation to the house? Local?

Do you and your sister get along?

Would you like to sell eventually?

Would she like to sell eventually?

Would either of you want to live there?

Who would manage it?

The two most expensive repair items are roofing and air conditioning. Do you have $5-10,000 available for worst case scenario?

Not trying to discourage you or sway you. Just things you should be thinking about.

This post was edited on 6/25/17 at 11:22 am
Posted by Breadcrumbs
Baton Rouge
Member since May 2005
2982 posts
Posted on 6/25/17 at 11:42 am to
It's not the house she's attached to; it's the memories of family in the house. She'll always have her memories. Get a painting of the house for her and sell it. Renting and being landlords is not for everyone.
Posted by tigereye58
Member since Jan 2007
2668 posts
Posted on 6/25/17 at 1:55 pm to
All of the above advice is true. I'd discuss it with your sister and if you decide to move forward then here's a few things to consider.

1.) Form an LLC. When doing so understand that as a 2 member LLC you'll have to have a CPA create a K-1 document for each of you each year. It'll cost $500+ a year to prepare taxes for the LLC that only holds 1 asset. Just an expense to keep in mind.

2.). Set up a joint checking account for the LLC. Run everything through this account. Save all of the first 3-6 months rent to set aside for major repairs. Then save 1/3 of the rent each month for repairs. I always did 1/3 for repairs and 2/3 to debt until it's paid for. Then 2/3 profit. Over time you can adjust this up or down once you develop a history.

3.). Check on eviction laws in your area. People do have to evict family members which is why the above comments came out.

It does sound like you're doing this out of emotion and not business purposes. I'd seriously consider sitting on the house for 3 months and revisit it with your sister. Make the decision out of a business choice not an emotional choice.
Posted by ATLdawg25
Atlanta, GA
Member since Oct 2014
4370 posts
Posted on 6/25/17 at 2:04 pm to
Probably better to sell it anyways, but even more so now that we know it's her husband's family member renting it. It will slowly become less yours and moreso hers/her husbands...you will just be footing the bill for half of everything.

If she wants to buy out your half, take your money out. Everyone starts out with good intentions.
Posted by Barneyrb
NELA
Member since May 2016
5080 posts
Posted on 6/26/17 at 7:40 am to
I have several rental properties (LLC) and it's not a bad thing. You can figure one month rent to taxes, one month for insurance, and one month for repairs/upkeep if you are lucky.

I am due to retire in a few years and having $4200 a month in income will be a good thing for me, I do have other income but this should keep me out of savings/IRA/401k for a lot of years.

The way I see it you have 3 options, sell out to your sister, be a landlord with your sister as a partner, or buy your sister out. It's your choice.
Posted by BabyCakes
Northshore
Member since Nov 2016
110 posts
Posted on 6/26/17 at 3:29 pm to
Form m an LLC, and create an operating agreement that governs how the property will be managed. For example, since you both own 50%, who will decide whether to move forward with an eviction? If it is her family member in the house, I'd make sure you have the ability to evict.

Enter into s written lease with the family member. Consider a month to month lease.

Require a security deposit -- 1-2 months rent.



Posted by Fat Harry
70115
Member since Mar 2005
2212 posts
Posted on 6/26/17 at 3:39 pm to
Beyond the LLC, I've found that just having family members write down some basic rules for the property and signing it will alleviate a lot of stress and issues with family co-ownership. Maybe things like " we will never rent it for less than $X and if we can't get that, we will sell" and "repairs over $250 require approval of both parties and if we can't agree, we must sell".
Posted by baldona
Florida
Member since Feb 2016
20387 posts
Posted on 6/26/17 at 3:43 pm to
Why is your family member renting it? Chances are, its because they "need" a place to live because they can't find somewhere on their own right? So you are getting under market value for the house and having someone live there that can't be trusted. This has bad decision written all over it, I'm sorry OP but I agree with everyone else its a bad idea.

How much is the house worth, and what are you renting it for to the family member? How much would you charge a stranger?

Finally, you really should tell your sister that you are going to force a sale or force her to buy you out. I doubt she loves the house so much that she would buy you out?
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